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CITY OF ROSEBURG v. ROSEBURG FIREFIGHTERS, ETC

No. C-28-80; CA 18932.

622 P.2d 755 (1981)

50 Or.App. 188

CITY OF ROSEBURG and George Stubbert, City Manager, Petitioners, v. ROSEBURG CITY FIREFIGHTERS, Local No. 1489 and State of Oregon Employment Relations Board, Respondents.

Court of Appeals of Oregon.

Decided January 26, 1981.

Reconsideration Denied March 4, 1981.

Review Allowed March 31, 1981.

Attorney(s) appearing for the Case

Stanton F. Long, Eugene, argued the cause for petitioners. With him on brief were Timothy J. Sercombe, Orval Etter, A. Keith Martin, and Johnson, Harrang, Swanson & Long, Eugene.

William N. Kent, Eugene, argued the cause for respondent Roseburg City Firefighters. With him on brief was Gary K. Jensen, P.C., Eugene.

James M. Brown, Atty. Gen., John R. McCulloch, Sol. Gen., William F. Gary, Deputy Sol. Gen., and William F. Hoelscher, Asst. Atty. Gen., filed brief for respondent Employment Relations Board.

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

PER CURIAM.

The city appeals a decision by the Employment Relations Board finding that the city committed an unfair labor practice under ORS 243.672(1)(e). The city refused to bargain with the firefighters in accordance with the Public Employes Collective Bargaining Act (ORS 243.650 to 243.682), and insisting instead that it was entitled to bargain under its own collective bargaining ordinance. The city ordinance differs from

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