House passes contested bill creating civil cause of action for false impersonation of union representatives

The Oregon House on April 10, 2025 approved House Bill 37 89, a measure that makes it unlawful to falsely impersonate a union representative and creates a private civil cause of action with liquidated damages for unions or union representatives who can show impersonation.

Sponsor Representative Pham (Representative) framed the bill as a worker-protection measure aimed at third-party actors who, she said, falsely present themselves as union representatives to persuade members to leave or opt out. "No other than the leaders and representatives of labor organizations should be able to speak to members on behalf of the union," Pham said, adding the bill "will empower and give all workers who fall victim to these practices the tools they deserve to hold bad actors accountable."

Wide debate and criticism: The bill prompted lengthy, high-conflict debate. Opponents said existing criminal and civil laws already prohibit impersonation and asked for evidence the problem is widespread. Several lawmakers and speakers, including Representative Deal and others, said committee testimony singled out one organization (the Freedom Foundation) without producing other examples or public-employee complaints. Critics warned HB 37 89 could chill speech, create a new avenue for politically motivated litigation, and give unions unilateral authority to decide who speaks on their behalf.

Legal and constitutional concerns: Multiple speakers raised First Amendment and due-process questions and referenced a legislative-counsel opinion that existing Oregon laws already reach impersonation. Opponents said the bill's private right of action and $6,250 liquidated-damages amount could be used as a tool of "lawfare" against critics and political opponents. Supporters replied the bill addresses a gap in the criminal statutes and provides a civil remedy targeted at organized impersonation of unions, not ordinary criticism.

Procedure and outcome: The House debated the bill extensively, rejected procedural motions to re-refer to committee and to the Rules Committee, and ultimately passed HB 37 89 on the floor; the clerk declared the bill passed. Debate on the floor included questions about evidence, the scope of the defined offense, whether the new remedy duplicates existing law, and whether the remedy could be misused in internal union elections or against rival unions.

Ending: The vote concludes a contentious floor debate; HB 37 89 now proceeds to the Senate. The floor record shows significant partisan division and several members urged further legal review before broader adoption.