CITY OF HERMISTON v. EMPLOYMENT RELATIONS BD.


570 P.2d 663 (1977)

280 Or. 291

CITY OF HERMISTON, Respondent, v. EMPLOYMENT RELATIONS BOARD, and Hermiston City Police Association, Petitioners.

Supreme Court of Oregon, In Banc.

Decided November 1, 1977.


Attorney(s) appearing for the Case

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

William F. Greer, Jr., of Erickson & Greer, Tualatin, argued the cause and filed briefs for petitioner Hermiston City Police Ass'n.

John W. Osburn, Portland, argued the cause for respondent City of Hermiston. Rustin A. Brewer, Hermiston, filed the brief.

Don S. Willner of Willner, Bennett, Riggs & Skarstad, Portland, filed briefs for Oregon State Fire Fighters Council as amicus curiae.

Liana Colombo and Henry H. Drummonds of Kulongoski, Heid, Durham & Drummonds, Eugene, filed briefs for Public Employees Council 75, AFSCME, AFL-CIO as amicus curiae.

Thomas F. Levak of Carney, Probst & Levak, Portland, filed a brief for Oregon Council of Police Associations and Intern. Ass'n of Fire Fighters, Local 1660, as amicus curiae.

Orval H. Etter and Stanton F. Long of Johnson, Harrang & Mercer, Eugene, filed a brief for Cities of Beaverton, Eugene, Gladstone, Gresham, Lake Oswego, Medford, Milwaukie, Pendleton, Salem, Sandy, Troutdale and West Linn, and Washington County as amici curiae.


LINDE, Justice.

The state Employment Relations Board seeks reversal of a decision of the Court of Appeals which set aside a board order for a representation election among the police employees of the City of Hermiston.

In June 1975 the board conducted a hearing on the petition of the Hermiston City Police Association requesting a representation election, under ORS 243.650-243.782, for a bargaining unit to be composed of all nonsupervisory employees of the...

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