Jackson Lewis Represents Oregon Associations in Challenge to Labor-Backed Oregon Legislation

PORTLAND, OR  (December 22, 2009)  On January 1, Oregon SB 519 – a law barring employers from conducting mandatory meetings or otherwise engaging in mandatory communications with employees about their views on whether employees should unionize – will go into effect.  This law will substantially change the landscape of union organizing in Oregon’s workplaces, and - if not overturned - could set a precedent for labor law nationwide.

Today, national workplace law firm Jackson Lewis LLP, led by Portland Managing Partner Scott Oborne, filed a challenge to the law on behalf of Associated Oregon Industries (AOI) and the U.S. Chamber of Commerce, to argue that SB 519 is preempted by the National Labor Relations Act.

“Oregon has chosen to aide unions by dramatically altering the landscape of labor organizing within the state,” says Oborne. “The United States Supreme Court has recognized that employee free choice is insured by an open and robust debate about whether to join a union.  The end result of SB 519 is that employees can be left in the dark as to their rights and options as far as organizing.”

He added, “SB 519 prohibits the very speech that the National Labor Relations Board has expressly protected for more than 50 years.  States are simply not permitted to alter federal labor law and consequently, we fully anticipate the law will be found to be preempted by the NLRA and unconstitutional under the First Amendment.” 

Please contact Mr. Oborne at OborneS@jacksonlewis.com or (503) 229-0404 for more information.