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THE ASSOCIATION v. CITY OF PORTLAND

UP-58-99; A111627.

45 P.3d 162 (2002)

181 Or. App. 85

PORTLAND FIRE FIGHTERS' ASSOCIATION, LOCAL 43, Petitioner, v. CITY OF PORTLAND, Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted February 6, 2002.

Decided April 24, 2002.

Attorney(s) appearing for the Case

Monica A. Smith argued the cause for petitioner. On the brief were Robert Reid and Reid & Bates.

Rudolph S. Westerband argued the cause and filed the brief for respondent.

Before DEITS, Chief Judge, EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, BREWER, and SCHUMAN, Judges.

Resubmitted En Banc February 6, 2002.

BREWER, J.

Petitioner, Portland Fire Fighters' Association, Local 43 (the Association), seeks judicial review of a final order of the Employment Relations Board (ERB). In that order, ERB dismissed the Association's complaint, alleging that the City of Portland (the city) violated ORS 243.672(1)(g) by refusing to arbitrate a grievance concerning retiree health insurance benefits.1 We review...

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