ORS Chapter 661 - Oregon Statutes

Chapter 661 — OrganizedLabor; Union Labels

 

2009 EDITION

 

 

ORGANIZEDLABOR; UNION LABELS

 

LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

LABORORGANIZATIONS; COLLECTIVE BARGAINING

 

661.010     Lawfulnessof labor unions

 

661.020     Labornot a commodity; employment rights are personal

 

661.030     Collectivebargaining for lawful purposes is legal

 

661.040     Limitationson fees charged laborers by collective bargaining agents; access to andinspection of records; accounting

 

UNIONLABELS

 

661.210     Counterfeitingof union label and possession or sale thereof prohibited

 

661.220     Unauthorizeduse of label, name or seal of union prohibited

 

661.230     Procedurefor recording union label

 

661.240     Certificateof recording; effect of record; limitations on filing of similar labels

 

661.245     Feesfor filing, copying and certifying records

 

661.250     Civilremedies for infringing or counterfeiting

 

661.260     Liabilityfor false or fraudulent filing

 

661.270     Whomay bring action on behalf of unincorporated association or union

 

661.280     Attorneyfees

 

PENALTIES

 

661.990     Penalties

 

LABORORGANIZATIONS; COLLECTIVE BARGAINING

 

      661.010Lawfulness of labor unions. Working men and women may organize themselves into,or carry on labor unions for the purpose of lessening the hours of labor,increasing the wages, bettering the conditions of the members of suchorganizations or carrying out their legitimate purposes as freely as they coulddo if acting singly.

 

      661.020Labor not a commodity; employment rights are personal. (1) The laborof a human being is not a commodity or article of commerce.

      (2)The right to enter into the relation of employer and employee, to change thatrelation, to assume and create a new relation for employer and employee or towork and labor as an employee, shall be held and construed to be a personal andnot a property right.

 

      661.030Collective bargaining for lawful purposes is legal. No person shallbe indicted, prosecuted or tried in any court of this state for entering intoor carrying on any arrangement, agreement or combination between themselvesmade with a view of lessening the number of hours of labor or increasing wages,bettering the conditions of working men and women or for any act done inpursuance thereof, unless such act is in itself forbidden by law if done by asingle individual.

 

      661.040Limitations on fees charged laborers by collective bargaining agents; access toand inspection of records; accounting. (1) No organization, association orperson, legally authorized to act as collective bargaining agent or representativeof laboring people, shall make any charge or exaction for initiation fees,dues, fines or other exactions, which will create a fund in excess of thelegitimate requirements of such organization, association or person, incarrying out the lawful purpose or activities of such organization, associationor person.

      (2)Every such organization, association and person shall keep accurate booksitemizing all receipts and expenditures and the purpose of such expenditures.

      (3)Any member of any labor organization or association is entitled at allreasonable times to inspect the books, records and accounts of such associationor organization, or any agent or representative thereof, and to have anaccounting of all money and property thereof.

      (4)The circuit courts of this state, and the judges thereof, have jurisdiction toenforce this section, including full power to issue restraining orders andtemporary and permanent injunctions, and such other and further orders as maybe necessary or appropriate to carry out and enforce this section.

 

UNIONLABELS

 

      661.210Counterfeiting of union label and possession or sale thereof prohibited. Whenever anyperson or any association or union adopts or uses any label, trademark, term,design, device or form of advertisement for the purpose of designating, makingknown or distinguishing any goods, wares, merchandise or other product of laboras having been made, manufactured, produced, prepared, packed or put on sale bysuch person or association or union, or by members of such association orunion:

      (1)A person shall not counterfeit or imitate such label, trademark, term, design,device or form of advertisement, or use, sell, offer for sale or in any wayutter or circulate any counterfeit or imitation of any such label, trademark,term, design, device or form of advertisement;

      (2)A person shall not keep or have in possession, with intent that the same shallbe sold or disposed of, any goods, wares, merchandise or other product of laborto which or on which any such counterfeit or imitation is printed, painted,stamped or impressed;

      (3)A person shall not knowingly sell or dispose of any goods, wares, merchandiseor other product of labor contained in any box, case, can or package to whichor on which any such counterfeit or imitation is attached, affixed, printed,painted, stamped or impressed; and

      (4)A person shall not keep or have in possession, with intent that the same shallbe sold or disposed of, any goods, wares, merchandise or other product oflabor, in any box, case, can or package to which or on which any suchcounterfeit or imitation is attached, affixed, printed, painted, stamped orimpressed. [Amended by 2001 c.104 §255]

 

      661.220Unauthorized use of label, name or seal of union prohibited. (1) No personshall use or display the genuine label, trademark, term, design, device or formof advertisement of any person, association or union in any manner notauthorized by such person, union or association.

      (2)No person shall in any way use the name or seal of any person, association orunion, or officer thereof, in and about the sale of goods, or otherwise,without authorization to do so.

 

      661.230Procedure for recording union label. (1) Every person, association or unionthat adopts or uses a label, trademark, term, design, device or form ofadvertisement as provided in ORS 661.210, may file the same for record in theoffice of the Secretary of State, by leaving two copies, counterparts orfacsimiles thereof with the Secretary of State and by filing therewith a swornapplication.

      (2)The application shall state:

      (a)The name of the person, association or union on whose behalf such label,trademark, terms, design, device or form of advertisement is filed.

      (b)The class of merchandise and a description of the goods to which it has been oris intended to be appropriated.

      (c)That the party so filing or on whose behalf such label, trademark, term,design, device or form of advertisement is filed, has the right to the use ofthe same.

      (d)That no other person, association or union has the right to such use, either inthe identical form, or in any such near resemblance thereto as may becalculated to deceive.

      (e)That the facsimile or counterparts filed therewith are true and correct. [Amendedby 1991 c.132 §29]

 

      661.240Certificate of recording; effect of record; limitations on filing of similar labels. (1) TheSecretary of State shall deliver to any person, association or union filing orcausing to be filed any label, trademark, term, design, device or form ofadvertisement under ORS 661.230, as many duly attested certificates of therecording of the same as such person, association or union may apply for.

      (2)The certificate of record shall, in all suits and prosecutions under ORS661.210 to 661.280 be sufficient proof of the adoption of such label,trademark, term, design, device or form of advertisement.

      (3)The Secretary of State shall not record for any person, union or associationany label, trademark, term, design, device or form of advertisement that wouldprobably be mistaken for any label, trademark, term, design, device or form ofadvertisement theretofore filed by or on behalf of any other person, union orassociation, but shall file and record under ORS 661.210 to 661.280 any label,trademark, term, design, device or form of advertisement which may have beenpreviously filed by any person or any association or union if the person,association or union seeking to file and record under ORS 661.210 to 661.280 isthe same person, association or union that previously filed or recorded thesame label, trademark, term, design, device or form of advertisement. [Amendedby 1991 c.132 §30]

 

      661.245Fees for filing, copying and certifying records. The Secretaryof State shall collect the fees described in ORS 56.140 for each documentdelivered for filing under ORS 661.210 to 661.280 and for process served on thesecretary under ORS 661.210 to 661.280. The secretary may collect the feesdescribed in ORS 56.140 for copying any public record under ORS 661.210 to 661.280,certifying the copy or certifying to other facts of record under ORS 661.210 to661.280. [1991 c.132 §32; 1999 c.652 §20]

 

      661.250Civil remedies for infringing or counterfeiting. (1) Everyperson, association or union adopting or using a label, trademark, term,design, device or form of advertisement as provided in ORS 661.210, 661.220,661.230 and 661.240, may proceed by suit for damages to enjoin the manufacture,use, display or sale of any counterfeits thereof.

      (2)All courts of competent jurisdiction shall grant injunctions to restrain suchmanufacture, use, display or sale, and award the complainant in any such suitdamages resulting from such manufacture, use, sale or display as the courtdeems just and reasonable, and shall require the defendants to pay to suchperson, association or union all profits derived from such wrongfulmanufacture, use, display or sale.

      (3)The court shall also order that all such counterfeits or imitations in thepossession or under the control of any defendant in such cause be delivered toan officer of the court, or to the complainant, to be destroyed.

 

      661.260Liability for false or fraudulent filing. Any person who files or causesto be filed, or who files or causes to be filed on behalf of any other person,association or union, any label, trademark, term, design, device or form ofadvertisement in the office of the Secretary of State under ORS 661.210 to661.280, by making any false or fraudulent representations or declaration,verbally or in writing, or by any fraudulent means, shall be liable to pay anydamages sustained in consequence of any such filing, to be recovered by or onbehalf of the party injured thereby in any court having jurisdiction. [Amendedby 1987 c.158 §129]

 

      661.270Who may bring action on behalf of unincorporated association or union. In all caseswhere the association or union is not incorporated, suits under ORS 661.210 to661.280 may be commenced and prosecuted by an officer or member of theassociation or union on behalf of and for the use of the association or union.

 

      661.280Attorney fees.In any action under ORS 661.250 or 661.260, the court may award reasonableattorney fees to the prevailing party. [Amended by 1981 c.897 §97; 1995 c.618 §118]

 

PENALTIES

 

      661.990Penalties.(1) Violation of ORS 661.040 is a misdemeanor.

      (2)Violation of ORS 661.210 or 661.260 is punishable, upon conviction, by a fineof not more than $500 or by imprisonment for not more than three months, or byboth.

      (3)Violation of ORS 661.220 is punishable, upon conviction, by a fine of not morethan $500 or by imprisonment in the county jail for not more than three months.

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