Legal Opinion

Elvin v. Oregon Public Employees Union

Court of Appeals of Oregon

Decided June 13, 1990No. UP 38-87; CA A50465PublishedCited by 8 opinions

1Opinion of the Court

*161EDMONDS, J.

Oregon Public Employees Union (OPEU) seeks review of an order of the Employment Relations Board (ERB). After finding that OPEU had committed unfair labor practices, ERB ordered OPEU to reimburse the “fair share” payments that respondents had made. OPEU argues that ERB’s order is a penalty rather than a remedy, is not necessary to effectuate the purposes of the Public Employees Collective Bargaining Act (PECBA) and, therefore, is beyond the authority of ERB granted to it by ORS 243.676(2)(c).1 We disagree and affirm.

Respondents are employees of a bargaining unit that OPEU…

2Cases cited4 opinions

  1. Chicago Teachers Union, Local No. 1 v. HudsonSupreme Court of the United States · 1986
  2. Springfield Education Ass'n v. Springfield School District No. 19Oregon Supreme Court · 1980
  3. Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
  4. Gibney v. Toledo Board of EducationOhio Supreme Court · 1988

3Cited by8 opinions

  1. Elvin v. Oregon Public Employes UnionOregon Supreme Court · 1992
  2. Robert Haphey and Carl J. Bondietti v. Linn County Linn County Sheriff's Office Art Martinak, Sheriff, Acting in His Official and Individual CapacityCourt of Appeals for the Ninth Circuit · 1992
  3. Robert Haphey and Carl J. Bondietti v. Linn County Linn County Sheriff's Office Art Martinak, Sheriff, Acting in His Official and Individual CapacityCourt of Appeals for the Ninth Circuit · 1991
  4. Danmark Publishing, Inc. v. Department of JusticeCourt of Appeals of Oregon · 1991
  5. Elvin v. Oregon Public Employees UnionCourt of Appeals of Oregon · 1990

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