Or. Admin. R. 839-011-0250

Current through Register Vol. 63, No. 9, September 1, 2024

Section 839-011-0250 - Agreements During Labor Disputes

(1) Pursuant to the National Labor Relations Act and Title 29 CFR Parts 29.3(h) and 29.12(10), when a labor dispute exists with an employer or prospective employer in a single employer program, until such dispute has been resolved or the representative union has tendered a written waiver of its objections to the employer or prospective employer's participation, the Council will not:

(a) Approve changes in existing standards;

(b) Approve new standards;

(c) Register additional apprentices for the employer; or

(d) Review the employer's application for a new committee.

(2) Pursuant to the National Labor Relations Act and Title 29 CFR Parts 29.3(h) and 29.12(10), when a labor dispute exists with an employer or prospective employer in a multi-employer program, until such dispute has been resolved or the representative union has tended a written waiver of its objections to the employer or prospective employer's participation, the local committee will not:

(a) Provide additional apprentices to the employer or prospective employer engaged in the labor dispute; or

(b) Grant training agent status.

(3) For purposes of this rule, a labor dispute exists for an employer where:

(a) There is a collective bargaining agreement in effect, or where employees have voted for a bargaining agreement; and

(b) There is a strike, lock out or work stoppage.

(4) Apprentices or trainees subject to apprenticeship or training agreements and employed in an establishment involved in a labor dispute where the employees have voted for a bargaining unit and a strike is in progress are not in violation of their agreements if they leave their employment until settlement of the labor dispute.

Or. Admin. R. 839-011-0250

BL 7-1986, f. & ef. 7-14-86; BLI 2-1999, f. & cert. ef. 4-2-99; BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11/12/2015

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 660

Stats. Implemented: ORS 660.120