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OREGON CORRECTIONS EMPLOYEES v. STATE

UP3303; A143552.

268 P.3d 627 (2011)

246 Or. App. 477

ASSOCIATION OF OREGON CORRECTIONS EMPLOYEES, Respondent, v. STATE of Oregon and DEPARTMENT OF CORRECTIONS, Petitioners.

Court of Appeals of Oregon.

Decided November 9, 2011.

Attorney(s) appearing for the Case

Leigh A. Salmon , Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General. With her on the reply brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

Becky Gallagher argued the cause for respondent. With her on the brief was Garrettson, Gallagher, Fenrich & Makler, P.C.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

This is the second time that this case has come before this court on judicial review. The issue is the same: Where employees bid for work shifts on a schedule posted by the Department of Corrections (DOC), did the collective bargaining agreement (CBA) between the DOC and the Association of Oregon Corrections Employees authorize the DOC to unilaterally change the posted work schedule system? Previously, we held that the Employment Relations Board erred...

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