PORTLAND FIRE FIGHTERS v. CITY OF PORTLAND

ERB UP-143-85; CA A39106; SC S34427.

751 P.2d 770 (1988)

305 Or. 275

PORTLAND FIRE FIGHTERS Association, Local 43, Iaff, Petitioner On Review, v. CITY OF PORTLAND, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided March 15, 1988.


Attorney(s) appearing for the Case

Kathryn T. Whalen, Bennett, Hartman, Tauman & Reynolds, P.C., Portland, argued the cause and filed the petition for petitioner on review.

Rudolph S. Westerband, Deputy City Atty., Portland, argued the cause and filed the response for respondent on review.

James W. Kasameyer, Carney, Buckley, Kasameyer & Hays, Portland, filed an amici curiae brief on behalf of Intern. Ass'n of Fire Fighters, Local 1660, and Oregon Nurses Ass'n.

Will Aitchison, Aitchison & Moore, Portland, filed an amici curiae brief on behalf of Coos Bay Police Ass'n, Eugene Police Employees Ass'n, Keizer Police Ass'n, Klamath County Peace Officers Ass'n, Oregon City Police Employees Ass'n, Oregon State Police Officers Ass'n, Redmond Police Officers Ass'n and Springfield Police Ass'n.

Henry H. Drummonds and Monica A. Smith, Kulongoski, Durham, Drummonds & Colombo, Portland, filed an amici curiae brief on behalf of Oregon AFL-CIO and Oregon Educ. Ass'n.


LENT, Justice.

Neither a public employer nor its employees' exclusive representative may refuse the other's request to bargain collectively "with respect to employment relations." ORS 243.650(4), 243.672(1)(e), 243.672(2)(b).1 The issue presented is whether a public employer's limit on the number of fire fighters who may be on vacation at the same time is an "employment relation" and therefore...

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