Clackamas County Employees’ Assn. v. Clackamas County

Under ORS 243.672(1)(a), to determine if an employer violates an employee rights in regards to labor organizing, you must apply the relevant test which is “whether, objectively viewed, the action that the employer took under the particular circumstances would chill union members generally in their exercise of protected rights.” Portland Assn. Teachers v. Mult. School Dist. 1, 171 Or App 616, 624, 16 P3d 1189 (2000).

Clackamas County Employees’ Association (referred to as the Association) appealed the Employment Relations Board (ERB) decision to issue a written reprimand to Morales. The Association argued in their appeal that the reprimand of Morales was an “unfair labor practice in violation of ORS 243.672(1)(a)” as Morales was “punished for his involvement in protected union activity,” or, alternatively, the reprimand as given would “chill employees from participating in protected activity.” ERB contended that the discipline arose out of an activity that was not protected as it was not related to Morales actions as a representative of the union. Under ORS 243.672(1)(a), to determine if an employer violates an employee rights in regards to labor organizing, you must apply the relevant test which is “whether, objectively viewed, the action that the employer took under the particular circumstances would chill union members generally in their exercise of protected rights.” Portland Assn. Teachers v. Mult. School Dist. 1, 171 Or App 616, 624, 16 P3d 1189 (2000). The Court found that this legal test was not applied by ERB, and, therefore, their decision “lacked substantial reason.” Reversed and remanded.