AFSCME LOCAL 1246 v. FAIRVIEW TRAINING CENTER

C137-84, C143-84; CA A36368.

724 P.2d 895 (1986)

81 Or. App. 165

AFSCME LOCAL 1246, Complainant, Respondent, v. FAIRVIEW TRAINING CENTER, MENTAL HEALTH DIVISION, State of Oregon, Petitioner. Executive Department, Labor Relations Division, Complainant. FAIRVIEW TRAINING CENTER, Complainant, Petitioner, v. AFSCME LOCAL 1246, Respondent.

Court of Appeals of Oregon.

Decided September 10, 1986.


Attorney(s) appearing for the Case

F. Peter De Luca, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem.

Henry H. Drummonds, Portland, argued the cause for respondent. With him on the brief were Monica A. Smith, Barbara J. Diamond and Kulongoski, Durham, Drummonds & Colombo, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Petitioner Fairview Training Center (Fairview) seeks review of an Employment Relations Board (ERB) ruling that Fairview had committed an unfair labor practice, ORS 243.672(1)(f), by refusing to participate in binding arbitration with AFSCME. The AFSCME bargaining unit was a mixed one, containing both employes entitled to strike and employes prohibited from striking. Police officers, firefighters and guards at a correctional institution or...

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