Federation of Oregon Parole & Probation Officers v. State of Corrections Department

Oregon State Department of Corrections (Department) seeks judicial review of final order of the Employment Relations Board (ERB). ERB determined that Department had committed an unfair labor practice, ORS 243.672(l)(e), when it refused to bargain with the Federation of Oregon Parole and Probation Officers, the collective bargaining representative of Department’s employees, before requiring an employee to submit to a drug test.

ERB relied on our opinion in Tualatin Valley Bargaining v. Tigard School Dist., 106 Or App 381, 808 P2d 101, rev allowed 312 Or 16 (1991), in holding that mandatory drug…