AFSCME v. STATE, DAS

95C-11256; CA A89507.

945 P.2d 102 (1997)

150 Or. App. 87

OREGON AFSCME (AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES) COUNCIL 75, a labor organization, and Ann M. Hennessey, Respondents, and Oregon Nurses Association, Intervenor-Respondent, v. STATE of Oregon, DEPARTMENT OF ADMINISTRATIVE SERVICES, and Theodore Kulongoski, Attorney General, Appellants.

Court of Appeals of Oregon.

Decided September 17, 1997.


Attorney(s) appearing for the Case

Michael C. Livingston, Assistant Attorney General, argued the cause for appellants. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Barbara J. Diamond, Portland, argued the cause for respondents. With her on the brief were Margaret S. Olney and Smith, Gamson, Diamond & Olney.

James W. Kasameyer, Portland, argued the cause for intervenor-respondent. With him on the brief were Pamela D. Quinlan and Carney, Buckley, Kasameyer & Hays.

Before DEITS, C.J., and De MUNIZ and HASELTON, JJ.


De MUNIZ, Judge.

Defendants Department of Administrative Services (DAS) and the Attorney General appeal a judgment granting declaratory relief to plaintiffs Oregon AFSCME and Ann Hennessy and intervenor Oregon Nurses Association (ONA) (plaintiffs). We determine that the trial court lacked jurisdiction to entertain the declaratory judgment proceeding and, accordingly, reverse and remand.

As an "accrued benefit," the...

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