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CITY OF HERMISTON v. EMPLOYMENT RELATIONS BD.

557 P.2d 681 (1976)

27 Or.App. 755

CITY OF HERMISTON, Petitioner, v. EMPLOYMENT RELATIONS BOARD, and Hermiston City Police Association, Respondents.

Court of Appeals of Oregon.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Rustin A. Brewer, Hermiston, argued the cause and filed the brief for petitioner.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent Employment Relations Board. With him on the brief were Lee Johnson, Atty. Gen., and Catherine Allan, Asst. Atty. Gen., Salem.

William F. Greer, Tualatin, argued the cause for respondent Hermiston City Police Association. With him on the brief were Erickson & Greer, Tualatin.

Liana Colombo, Henry H. Drummonds, and Kulongoski, Heid, Durham & Drummonds, Eugene, filed a brief amicus curiae for Public Employees Council 75, AFSCME, AFL-CIO, on behalf of respondent Employment Relations Board.

Don S. Willner, and Willner, Bennett, Riggs & Skarstad, Portland, filed a brief amicus curiae for Oregon State Fire Fighters Council.

Before SCHWAB, C.J., and FORT and LEE, JJ.

SCHWAB, Chief Judge.

In a three-to-two decision, the Employment Relations Board (ERB) ruled that state statutes governing public employe collective bargaining ORS 243.650 et seq., preempt the field and displace a different employer-employe relations scheme created by a City of Hermiston ordinance. The city appeals, contending that ERB's decision is in error under the home rule amendments to the Oregon Constitution.1

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