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ELVIN v. OREGON PUBLIC EMPLOYES UNION

ERB UP 38-87; CA A50465; SC S37333.

832 P.2d 36 (1992)

313 Or. 165

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 on Review, v. OREGON PUBLIC EMPLOYES UNION, Petitioner on Review.

Supreme Court of Oregon.

Decided May 1, 1992.

Attorney(s) appearing for the Case

James S. Coon of Imperati, Barnett, Sherwood & Coon, P.C., Portland, argued the cause and filed the petition for petitioner on review.

Milton Chappell, Staff Atty. for Nat. Right to Work Legal Defense Foundation, Inc., Springfield, Va., argued the cause for respondents on review.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

GILLETTE, Justice.

In this labor relations case, the Employment Relations Board (ERB) found that the Oregon Public Employes Union (OPEU) had committed an unfair labor practice under the Public Employees Collective Bargaining Act (PECBA), ORS 243.650 to 243.782, in the way in which OPEU collected "fair share" payments from nonunion public employees who were members of bargaining units represented by OPEU. ERB ordered OPEU to refund the fair share payments. On appeal...

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