AFSCME, ETC. v. EXECUTIVE DEPT.

No. C-268-79, CA 18045 (Control); No. C-268-79, CA 17923.

628 P.2d 1228 (1981)

52 Or.App. 457

AMERICAN FEDERATION OF STATE, County and Municipal Employees, Locals 2623-a, 2623-B and 191-B, Petitioners, v. EXECUTIVE DEPARTMENT, State of Oregon; Oregon State Penitentiary; Oregon Women's Corrections Center; Children's Services Division; Department of Human Resources and Employment Relations Board, Respondents. Executive Department, State of Oregon; Oregon State Penitentiary; Oregon Women's Corrections Center; Children's Services Division; Department of Human Resources, Petitioners, v. American Federation of State, County and Municipal Employees, Locals 2623-a, 2623-B and 191-B and Employment Relations Board, Respondents.

Court of Appeals of Oregon.

Decided May 26, 1981.

Reconsideration Denied July 16, 1981.


Attorney(s) appearing for the Case

Henry H. Drummonds, Eugene, argued the cause, for petitioners (CA 18045). With him, on brief were Jennifer Friesen, and Kulongoski, Heid, Durham & Drummonds, Eugene.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause, for respondents (CA 18045). With him on brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause, for petitioners (CA 17923). With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and John S. Irvin, Asst. Atty. Gen., Salem.

Henry H. Drummonds, Eugene, argued the cause, for respondents (CA 17923). With him, on brief were Jennifer Friesen, and Kulongoski, Heid, Durham & Drummonds, Eugene.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


ROBERTS, Judge.

We have consolidated these two appeals from a decision of the Employment Relations Board (ERB), interpreting for the first time the compulsory arbitration provisions of the public employes collective bargaining statute, ORS 243.650-782. They require us to determine whether the Oregon Legislature, in enacting the Public Employment Relations Act,1 intended to remove from the State Personnel Division the authority to set salaries...

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