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ELVIN v. OPEU

UP 38-87; CA A50465.

793 P.2d 338 (1990)

102 Or.App. 159

James ELVIN, Joyce E. Bedient, Gary F. Burnett, Jack Fulton, David M. Garrick, Roland Giesbrecht, Harold W. Jacobs, Warren C. Johnson, Jr., Loren P. Link, Dennis D. Mattison, Doug Sanford, Gregg L. Spooner, Thomas W. Tesch, Kenneth N. Twidwell, Albert S. Wenzel, James E. Yost, and Paul Berg, Respondents, v. OREGON PUBLIC EMPLOYEES UNION, Petitioner.

Court of Appeals of Oregon, In Banc.

Resubmitted May 9, 1990.

Decided June 13, 1990.

Reconsideration Denied August 8, 1990.

Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for petitioner. With him on the briefs was Imperati, Barnett, Sherwood & Coon, P.C., Portland.

Milton L. Chappell, Springfield, Va., argued the cause for respondents. On the brief were Gary V. Abbott, Hallmark, Keating & Abbott P.C., Portland, John C. Scully and National Right To Work Legal Defense Foundation, Inc., Springfield, Virginia.

Monica A. Smith and Durham, Drummonds, Smith & Wiser, Portland, filed a brief amicus curiae for Oregon Educ. Ass'n.

Resubmitted In Banc May 9, 1990.

EDMONDS, Judge.

Oregon Public Employees Union (OPEU) seeks review of an order of the Employment Relations Board (ERB). After finding that OPEU had committed unfair labor practices, ERB ordered OPEU to reimburse the "fair share" payments that respondents had made. OPEU argues that ERB's order is a penalty rather than a remedy, is not necessary to effectuate the purposes of the Public Employees Collective Bargaining Act (PECBA...

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