IBEW LOCAL 89 v. WALLAN

A176604.

533 P.3d 1134 (2023)

326 Or. App. 796

IBEW LOCAL 89, a labor organization, and Oregon Legislative Assembly, Respondents, v. Kimberly WALLAN and Sarah Daley, Petitioners.

Court of Appeals of Oregon.

July 6, 2023.


Attorney(s) appearing for the Case

Rebekah C. Millard , Springfield, argued the cause and filed the reply brief for petitioners. Also on the opening brief was James Abernathy.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Denise G. Fjordbeck , Assistant Attorney General, filed the brief for respondent Oregon Legislative Assembly.

Caitlin J. Kauffman and Daniel Hutzenbiler , argued the cause for respondent IBEW Local 89. Also on the brief was McKanna Bishop Joffe, LLP.

Jason M. Weyand , Danielle Holmes , and Tedesco Law Group filed the brief amicus curiae for American Federation of State, County & Municipal Employees, Council 75, Local 189; American Federation of Teachers; Association of Engineering Employees; Oregon American Federation of Labor Congress; Oregon Education Association; Oregon School Employees Association; Oregon State Firefighters Council; Service Employees International Union, Local 503; and Teamsters Local 223.

Steve Elzinga and Sherman, Sherman, Johnnie & Hoyt LLP filed the brief amicus curiae for Shelly Boshart Davis, Jami Cate, Sarah El Ebiary, Lynn Findley, Jessica George, Christine Goodwin, Bill Hansell, Bryan Iverson, Vikki Breese Iverson, Tim Knopp, Bobby Levy, Rick Lewis, Dennis Linthicum, Diane Linthicum, Shelia Megson, Becky Mitts, Lily Morgan, Renee Perry, E. Werner Reshke, Anna Scharf, David Brock Smith, Duane Stark, Whitney Sullivan, Lenora Swift, Kim Thatcher, Chuck Thomsen, Suzanne Weber, and Boomer Wright.

Before Egan, Presiding Judge, and Lagesen, Chief Judge, and Kamins, Judge.


Petitioners seek judicial review of a final order of the Employment Relations Board (ERB) certifying IBEW Local 89 (the Union) as the exclusive representative of a collective bargaining unit comprised of legislative assistants (LAs) supporting elected officials in the Oregon Legislative Assembly (Legislative Assembly). Petitioners, State...

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