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SCHERZINGER v. PORTLAND CUSTODIANS

No. 0208-08154, 0210-09876, A120712 (Control), A120713.

103 P.3d 1122 (2004)

196 Or. App. 384

James SCHERZINGER and Portland School District No. 1J, Respondents, v. The PORTLAND CUSTODIANS CIVIL SERVICE BOARD, Respondent, and Tamara McWilliams, Henry Shambry, and 90 Civil Service Custodians, Appellants. State ex rel Tamara McWilliams, Henry Shambry, and 90 Civil Service Custodians, Appellants, v. Portland Public School District No. 1J, Multnomah County, Oregon; Portland Board of Education; Marc Abrams; Lolenzo Poe; Sue Hagmeier; Derry A. Jackson, Sr.; Debbie Goldberg Menashe; Julia Brim-Edwards; Karla Wenzel; and James Scherzinger, Respondents.

Court of Appeals of Oregon.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Mark E. Griffin argued the cause for appellants. With him on the briefs was William D. Brandt.

William H. Walters, Portland, argued the cause for respondents James Scherzinger and Portland School District No. 1J., Multnomah County, Oregon; Portland Board of Education; Marc Abrams; Lolenzo Poe; Sue Hagmeier; Derry A. Jackson, Sr.; Debbie Goldberg Menashe; Julia Brim-Edwards; and Karla Wenzel. With him on the brief were Jeffrey D. Austin and Miller Nash LLP.

No appearance for respondent The Portland Custodians Civil Service Board.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

Tamara McWilliams, Henry Shambry, and 90 other civil service custodians, to whom we collectively refer as "the custodians," lost their jobs after the Portland Public School District (PPS) decided to contract out all its custodial work to a private contractor. This procedurally complex case involves two issues: (1) whether a decision by the Employment Relations Board (ERB) that PPS's proposal to contract out its custodial work was not a prohibited subject...

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