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WASHINGTON CTY. POLICE ASS'N. v. WASH. CTY.

ERB UP-76-99; CA A114208; SC S49518.

63 P.3d 1167 (2003)

335 Or. 198

WASHINGTON COUNTY POLICE OFFICERS' ASSOCIATION and Paul Cuff, Petitioners on Review, v. WASHINGTON COUNTY, Respondent on Review.

Supreme Court of Oregon.

Decided February 21, 2003.

Attorney(s) appearing for the Case

Jaime B. Goldberg, of Garrettson, Goldberg, Fenrich & Makler, Portland, argued the cause and filed the petition for petitioners on review.

Sheryl Hayashida, Senior Assistant County Counsel for Washington County, Hillsboro, argued the cause and filed the briefs for respondent on review.

Barbara J. Diamond, of Smith, Gamson, Diamond & Olney, Portland, filed a brief for amici curiae AFSCME Council 75, Oregon Education Association and Portland Fire Fighters' Association.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

GILLETTE, J.

This is an unfair labor practice case in which the dispositive issue is whether an arbitration award that ordered the reinstatement of a county public safety employee who admitted to possessing and using marijuana while off duty complies with "public policy requirements as clearly defined in statutes or judicial decisions." ORS 243.706(1). The Employment Relations Board (ERB) concluded that the award did comply, because it did not violate any clearly...

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