CARLSON v. CITY OF PORTLAND

No. 414-782; CA 12647.

608 P.2d 1198 (1980)

45 Or.App. 439

Shirley CARLSON, Virginia Ahern, Lee Ann Amy, Anthony Bischo, Donald Blaschko, Margaret Brechan, Derrell Briden, Nancy Boxell, Doris Cain, Francis Campbell, Patricia Cartozian, Margaret Cronnoble, June Curtis, Geraldine Donaldson, Lorentz Felde, Elmarine Gaundry, Diecel Gulbranson, Louisea Hall, Ramona Hamlin, Jean Helus, Elaine Holifer, La Rene Hossler, Anne Hufford, Eleanor Jenkins, Mary Jenks, Rosie Johnson, Virginia Keck, Stuart Keebaugh, Vickie King, George Kushner, La Vaughn Lohkamp, Susan Litcher, Lydia Lucker, Patricia McCann, Richard Mahn, Elizabeth Murray, Evelyn Myers, Pearl Niederloh, Gerald Nolf, Victoria Raymond, John Rundorff, Garth Starkhouse, Iwan Starkweather, Dianne Stiger, Jean Tathwell, Connie Thompson, Marian Thompson, Margaret Todd, Audrie Wheeler, Thetta Witford, Terri Williams, Hattie Yamada, Carol Wilson, Donald Becker, Eugene Emig, Ruth Pasternack, Phyllis Potter, Appellants, v. CITY OF PORTLAND, Oregon, a Municipal Corporation; Neil Goldschmidt, Mayor of the City of Portland, Oregon; Mildred Schwab, Francis Invancie, Charles Jordan and Connie McCready, Commissioners of the City of Portland, Oregon; George Yerkovich, Auditor of the City of Portland, Oregon; District Council of Trade Unions, an Unincorporated Association; Portland, Oregon City and Metropolitan Employees Local No. 189, American Federation of State, County and Municipal Employees, an Unincorporated Association; and American Federation of State, County and Municipal Employees, Afl-Cio, an Unincorporated Association, Respondents.

Court of Appeals of Oregon.

Decided March 24, 1980.


Attorney(s) appearing for the Case

T. Leonard O'Byrne, Portland, and David T. Bryant, Nat. Right to Work Legal Defense Foundation, Inc., Fairfax, Va., argued the cause for appellants. With them on the briefs was P. David Ingalls, Portland.

Henry H. Drummonds, Eugene, and Richard A. Braman, Portland, argued the cause and filed the brief for respondents.

Before THORNTON, P.J., and BUTTLER and JOSEPH, JJ.


BUTTLER, Judge.

Plaintiffs seek review of the summary judgment entered for defendants in this suit for declaratory relief in which plaintiffs asked for a declaration that the union security and "fair share" provisions of the collective bargaining agreements between Local 189, American Federation of State, County and Municipal Employees (the union) and the City of Portland (the city) are invalid. In addition to those declarations, the prayer is for injunctive relief...

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