Processing of unfair labor practice complaints
- civil penalties
Source:
Section 243.676 — Processing of unfair labor practice complaints; civil penalties, https://www.oregonlegislature.gov/bills_laws/ors/ors243.html
.
See also annotations under ORS 243.745 in permanent edition.
Notes of Decisions
The Employment Relations Board has a duty to determine whether a labor agreement requires that certain complaints be processed as grievances. Portland Assn. of Teachers v. School Dist. 1, 27 Or App 247, 555 P2d 943 (1976)
Employment Relations Board has exclusive jurisdiction to enforce arbitration agreements arising out of public-sector labor relations, notwithstanding [former] ORS 33.230. Smith v. State of Oregon, 31 Or App 15, 569 P2d 677 (1977), Sup Ct review denied
Employment Relations Board, not Court of Appeals, has initial authority to determine what costs and fees, if any, are awarded for proceedings both before ERB and on judicial review in an unfair labor practice case. Executive Department v. FOPPO, 94 Or App 754, 767 P2d 112 (1989)
This section does not prevent Employment Relations Board from exercising remedies other than penalty or imposing sanctions to achieve purposes of Public Employees Collective Bargaining Act. Elvin v. OPEU, 102 Or App 159, 793 P2d 338 (1990), aff’d 313 Or 165, 832 P2d 36 (1992)
Employment Relations Board must investigate complaint but if it finds no issue of fact or law, it may dismiss complaint without hearing. OSEA v. Salem-Keizer School Dist. 24J, 103 Or App 221, 797 P2d 375 (1990)
Employment Relations Board is required to interpret collective bargaining agreements and should do so in same manner and pursuant to same rules of construction as courts apply in construing contracts under common law. OSEA v. Rainier School Dist. No. 13, 311 Or 188, 808 P2d 83 (1991)
Employment Relations Board has discretion to impose civil penalty. Lane County Public Works Assn. v. Lane County, 118 Or App 46, 846 P2d 414 (1993)
Plaintiff cannot avoid exclusive jurisdiction of Employment Relations Board to determine existence of unfair labor practice by alleging unfair practice as element of tort claim. Ahern v. Oregon Public Employees Union, 329 Or 428, 988 P2d 364 (1999)
Attorney General Opinions
Information concerning allegations of unfair labor practices of public record, (1976) Vol 38, p 467