TUALATIN VALLEY BARGAINING COUNCIL v. TIGARD SCHOOL DISTRICT

ERB UP-42-89; CA A62432; SC S38109.

840 P.2d 657 (1992)

314 Or. 274

TUALATIN VALLEY BARGAINING COUNCIL, Respondent on Review, v. TIGARD SCHOOL DISTRICT 23J, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided September 24, 1992.


Attorney(s) appearing for the Case

William H. Walters, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause and filed the petition for petitioner on review.

Paul B. Gamson, of Bennett & Durham, Portland, argued the cause for respondent on review.

William G. Paulus, of Garrett, Seideman, Hemann, Robertson, Paulus, Jennings & Comstock, P.C., Salem, filed a brief on behalf of amicus curiae Oregon Community College Ass'n.

Paul Snider, Ass'n of Oregon Counties, and Sandra Arp, League of Oregon Cities, Salem, filed an amici curiae brief.

Donald C. Jeffery, Portland School Dist. 1J Multnomah County, Portland, filed an amicus curiae brief.

Nancy J. Hungerford, of Bischof, Hungerford & Witty, Oregon City, filed a brief on behalf of amicus curiae Bend Administrative School Dist. 1.

E. Andrew Jordan, of Bolliger, Hampton & Tarlow, Portland, filed a brief on behalf of amicus curiae Special Districts Ass'n of Oregon.

C. Akin Blitz, of Lane Powell Spears Lubersky, Portland, filed a brief on behalf of amici curiae Oregon State Sheriffs' Ass'n, Oregon Ass'n Chiefs of Police, Nat. Public Employer Labor Relations Ass'n, Oregon Public Employer Labor Relations Ass'n, and City of Tigard.

Susan Dobrof and Gene Mechanic, of Goldberg & Mechanic, Portland, filed a brief on behalf of amicus curiae Oregon Federation of Teachers, Educ. and Health Professionals, AFT, AFL-CIO.

Kathryn T. Whalen, of Bennett & Durham, Portland, filed a brief on behalf of amici curiae Oregon AFL-CIO, Oregon, State Fire Fighters Ass'n., Portland Fire Fighters Ass'n., Local 43 IAFF; Intern. Ass'n of Theater and Stage Employees, Local 28, Multnomah County Corrections Officers Ass'n., and American Federation of State, County and Mun. Employees, Council 75.

William B. Aitchison, of Aitchison, Hoag, Vick & Tarantino, Portland, filed a brief on behalf of amici curiae Multnomah County Deputy Sheriffs Ass'n., Oregon State Police Officers Ass'n., Federation of Parole and Probations Officers, Eugene Police Employees Ass'n, Washington County Dispatchers' Ass'n, Springfield Police Officer's Ass'n, Polk County Deputy Sheriff's Ass'n, and Portland Police Ass'n.


PETERSON, Justice.

Oregon's public employee bargaining laws require public employers and public employees' unions to bargain in good faith on the following subjects: monetary benefits, vacations, sick leave, hours, grievance procedures, and "other conditions of employment." ORS 243.650(4) and (7). Bargaining on other proposals is not mandatory. The failure to bargain in good faith on any of the mandatory subjects is an unfair labor practice. ORS 243.672(1)(e) and...

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