SMITH v. STATE DEPT. OF HUMAN RESOURCES


569 P.2d 677 (1977)

31 Or.App. 15

William R. SMITH, Respondent, v. STATE of Oregon by and through Department of Human Resources, Employment Division, Ross Morgan, Administrator, Appellant.

Court of Appeals of Oregon.

Decided October 4, 1977.


Attorney(s) appearing for the Case

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Charlene Sherwood, Salem, argued the cause and filed the brief for respondent.

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


SCHWAB, Chief Judge.

The state appeals from the circuit court's order compelling it to submit to arbitration and contends, inter alia, that the circuit court had no jurisdiction to make such an order.

In June 1975, the state and the Oregon State Employes Association entered into a collective bargaining agreement covering all classified state employes, including petitioner. Article XI, § 3, of that agreement provides:

"When a grievance matter...

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