Proponents say HB 3789A protects public employees from deceptive anti-union tactics; opponents call bill unnecessary and constitutionally suspect

House Bill 3789A, as amended by the A6 amendment, would prohibit false impersonation of a labor organization representative where the impersonation is done with the intent to “undermine or interfere with the operations of a labor organization or otherwise negatively impact the labor organization.” The bill creates a private right of action that would allow unions and affected employees to seek monetary relief for violations.

Supporters told the committee on May 8 they had seen an uptick in deceptive communications and mailers that mimic union branding and promise refunds or other inducements, and they asked for statutory clarity and an enforceable remedy for affected public employees. Susan Allen of the Oregon School Employees Association (OSEA) said organizations and mailers sometimes “appear in union garb, identifying themselves as members of the union,…