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MEDFORD FIREFIGHTERS ASS'N v. CITY OF MEDFORD

No. 78-2099-E-3; CA 12327.

595 P.2d 1268 (1979)

40 Or.App. 519

MEDFORD FIREFIGHTERS ASSOCIATION, Local # 1431, Iaff, Petitioner, v. The CITY OF MEDFORD, a Municipal Corporation, the Common Council of the City of Medford, William Tycer, Hugh Jennings, Gary Newton, Monte Stamper, Virginia Vogel, Roland Fowlkes, Fred Phelps and Lou Hannum, City Council Members, John R. Thomson, City Manager of the City of Medford, and al Densmore, Mayor of the City of Medford, Respondents.

Court of Appeals of Oregon.

Decided June 11, 1979.

Attorney(s) appearing for the Case

Gary K. Jensen, Eugene, argued the cause and filed the brief for petitioner.

Eugene F. Hart, Jr., City Atty., Medford, argued the cause and filed the brief for respondents.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause amicus curiae on behalf of Employment Relations Bd. With him on the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Patti L. Hunter, Certified Law Student, Salem.

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

TANZER, Judge.

The issue in this mandamus proceeding is the constitutionality of the compulsory arbitration provisions of the public employe collective bargaining statutes, ORS 243.650 to 243.762.

Petitioner and respondent, the City of Medford, engaged in negotiations and mediation during 1977 and 1978, but did not succeed in reaching a new employment agreement. The Employment Relations Board (ERB) appointed an arbitrator who held a hearing in June, 1978....

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