NLRB sues Oregon over workplace meetings laws

The National Labor Relations Board (NLRB) has sued the state of Oregon over its employer meetings law, which prohibits discrimination against employees who refuse to participate in employer-required meetings about religious or political matters. The NLRB alleges, to the extent the statute applies to employer meetings about unions or related matters, it's preempted by federal labor law and the U.S. Constitution.

Background

ORS 659.785 passed the Oregon Legislature in 2009 and became effective January 1, 2010. Under the statute, employers can't discriminate against employees who choose not to attend work meetings of a religious or political nature. It defines political matters to include “the decision to join, not join, support or not support any lawful, political or constituent group.” A constituent group is defined to include a labor organization. Employees who suffer discrimination may be reinstated to employment and recover backpay and benefits, treble damages, attorneys' fees, and costs.

Shortly before the law became effective, two industry groups—Associated Oregon Industries and the Chamber of Commerce—filed a lawsuit attempting to invalidate it. They claimed it was preempted by the National Labor Relations Act (NLRA) and violated employers' First Amendment free speech rights.