Portland Public School District No. 1J v. Portland Custodian Civil Service Board

Our decision in this case is largely controlled by Scherzinger v. Portland Custodians Civil Serv. Bd., 196 Or App 384, 103 P3d 1122 (2004) (Scherzinger II). We write only to address two additional arguments that the defendant custodians make in this case. In both arguments, defendants assert that a decision by the Employment Relations Board (ERB), approving Portland Public School District’s (plaintiffs) proposal to privatize its custodial workforce, does not preclude the Custodian Civil Service Board (board) from investigating plaintiffs implementation of that proposal. The trial court…