By Kat Tabor
As strikes continue to unfold across Oregon, many people may have noticed signs that read, “No Scabs.” This term refers to workers who are hired to temporarily replace those on strike — often at a higher pay rate.
The use of strikebreakers or “scabs ” undermines the strikers’ efforts to achieve their goals, which typically include better working conditions, higher pay, and improved benefits. By replacing the labor of striking workers, strikebreakers weaken the impact of a strike by reducing the leverage that workers have in negotiations with their employers.
What is less familiar to some is that Oregon has specific laws designed to protect striking workers from being overpowered by professional strikebreakers. According to the Oregon Legislature, the state provides safeguards to ensure that strikes remain effective and that strikers’ rights are upheld during a work stoppage due to their strike.
Oregon law, as outlined in ORS 662.205 to 662.225, includes a definition of “strikebreakers” and their role in labor disputes. Key definitions and provisions of this law provided in the ORS 662.205 to 662.225 include:
- Employee: Any individual who performs services for wages or salary.
- Employer: Any entity that employs individuals to perform work for compensation.
- Strike Duration: The law defines the “duration of a strike or lockout” as the period beginning one month before a strike starts and ending one month after the strike ends.
- Strikebreaker Definition: A “professional strikebreaker” offers to replace workers during a strike and has done so on two or more previous occasions within the last five years. This term excludes business owners, their families, and supervisory personnel.
Key restrictions on the use of professional strikebreakers include:
- Employers are prohibited from knowingly utilizing professional strikebreakers to replace employees involved in a strike or lockout.
- Employers cannot recruit, solicit, or advertise for replacement workers during a strike or lockout without notifying such individuals that the employment offered is to replace employees involved in the strike or lockout.
Please note that the use of one-time strikebreakers differs from the term professional strikebreakers as described above; they have been a strikebreaker for “two or more previous occasions within the last five years.”
These restrictions intend to prevent the exploitation of strikes by individuals or companies who hire replacement workers, which could reduce the effectiveness of a strike. One key aspect of strikes is the picket line — a physical boundary formed by workers signaling their refusal to cross it unless their demands are met. Oregon’s legal framework ensures employers cannot easily break a strike by hiring replacement workers indefinitely.
Beyond this, Oregon’s statutes also protect agricultural workers who face unique vulnerabilities during labor disputes. ORS 662.805 to 662.825 explicitly prohibits picketing of agricultural production sites where perishable crops are being harvested unless the picketers are regular employees of the farm. This regulation aims to balance economic and public welfare concerns associated with agricultural labor disputes while maintaining workers’ rights to organize and bargain collectively.
The state further reinforces these protections with restrictions on judicial authority in labor disputes. Courts are generally barred from issuing injunctions that could limit workers’ ability to strike or picket. In addition to all of these requirements, employers are also required to display bilingual notices informing employees about these legal protections to ensure that workers are aware of their rights during a strike.
The National Labor Relations Board (NLRB) also outlines protections for striking workers. Under federal law, workers cannot be fired for participating in a protected strike. However, there are limitations and qualifications depending on the purpose, timing, and conduct of the strike. For example, strikers protesting unfair labor practices are entitled to immediate reinstatement once the strike ends, while those striking over economic issues may be placed on a preferential hiring list if permanent replacements have been hired.
Through these measures, Oregon and federal laws work together to protect the integrity of labor strikes, ensuring that workers can withhold their labor in pursuit of fairer working conditions without fear of being undermined by replacement workers.
Please email kattabor.journalism@gmail.com if you have anything to add to this conversation about Scab workers.
