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ASS'N OF OR. CORRECTIONS EMPLOYEES v. STATE

(UP 3303; CA A143552; SC S059971).

295 P.3d 38 (2013)

353 Or. 170

ASSOCIATION OF OREGON CORRECTIONS EMPLOYEES, Petitioner on Review, v. STATE of Oregon and Department of Corrections, Respondent on Review.

Supreme Court of Oregon.

Decided January 17, 2013.

Attorney(s) appearing for the Case

Becky Gallagher , Fenrich & Gallgher, P.C., Eugene, argued the cause and filed the brief for petitioner on review.

Leigh A. Salmon , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Mary H. Williams , Deputy Attorney General, and Anna M. Joyce , Solicitor General.

Todd A. Lyon , Barran Liebman LLP, Portland, filed the brief for amicus curiae Oregon Public Employer Labor Relations Association and The League of Oregon Cities.

Jason A. Wyland , Senior Legal Counsel, Oregon AFSCME, Salem, filed the brief for amicus curiae Oregon AFSCME. With him on the brief was Jennifer K. Chapman .

Before BALMER, Chief Justice, KISTLER, WALTERS, LINDER, and LANDAU, Justices, and DURHAM and DE MUNIZ, Senior Judges, Justices pro tempore.

WALTERS, J.

The Department of Corrections (DOC), a public employer, made changes to its employees' scheduled days off and their shift stop and start times without first bargaining with representatives of the employees' union, the Association of Oregon Corrections Employees (AOCE). As an affirmative defense to AOCE's ensuing complaint alleging that DOC had committed an unfair labor practice, DOC asserted that the terms of the parties' collective bargaining agreement...

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