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OREGON COLLEGE OF ED. v. EMPLOYMENT RELATIONS

562 P.2d 552 (1977)

29 Or.App. 39

OREGON COLLEGE OF EDUCATION FEDERATION OF TEACHERS, Oft/Aft, Petitioner, v. EMPLOYMENT RELATIONS Board et al., Respondents.

Court of Appeals of Oregon.

Decided April 11, 1977.

Attorney(s) appearing for the Case

Don S. Willner, Portland, argued the cause for petitioner. With him on the brief was Willner, Bennett, Riggs & Skarstad, Portland.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondents Employment Relations Board and Oregon College of Ed. With him on the brief was James A. Redden, Atty. Gen., Salem.

Laurie K. Smith and Frye, Speer & Smith, P.C., Eugene, filed the brief for American Association of University Professors.

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

SCHWAB, Chief Judge.

This is an appeal from an order of the Employment Relations Board (ERB) certifying that no labor organization had been elected by the faculty members of the Oregon College of Education (OCE) to represent them in collective bargaining. The principal issue is whether ERB erred in counting a challenged ballot which, when counted, produced a tie vote.

Three labor organizations sought certification as the bargaining representative for the OCE...

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