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DEPT. OF HUMAN RESOURCES v. AFSCME COUNCIL

DR-1-92; CA A78077.

866 P.2d 498 (1994)

125 Or. App. 625

STATE of Oregon, DEPARTMENT OF HUMAN RESOURCES, MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES DIVISION, Petitioner, v. AFSCME COUNCIL 75, Respondent.

Court of Appeals of Oregon.

Decided January 5, 1994.

Attorney(s) appearing for the Case

Richard D. Wasserman, Asst. Atty. Gen., argued the cause for petitioner. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Barbara J. Diamond argued the cause for respondent. With her on the brief was Bennett & Hartman.

Before DEITS, P.J., and EDMONDS and LEESON, JJ.

EDMONDS, Judge.

Petitioner, State of Oregon, appeals from a declaratory ruling, ORS 183.410, by the Employment Relations Board (ERB) that behavioral group home employees are guards at a mental hospital within the meaning of ORS 243.736(1) and, therefore, are prohibited from striking. The apparent motivation for the petitioner seeking a declaration in its favor is that it would not be required to enter into binding arbitration with respondent if the bargaining unit...

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