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Portland General Electric Co. v. International Brotherhood of Electrical Workers, Local 125

Citations: 138 P.3d 857; 206 Or. App. 662; 2006 Ore. App. LEXIS 931Docket: 02-05-05132; A122868

Court: Court of Appeals of Oregon; July 5, 2006; Oregon; State Appellate Court

Narrative Opinion Summary

Members of the International Brotherhood of Electrical Workers, Local 125, lodged grievances against Portland General Electric (PGE) concerning their pension plans. PGE sought a court declaration that these grievances were not subject to arbitration under their collective bargaining agreement. The trial court sided with PGE, ruling the grievances non-arbitrable, prompting an appeal by the union. However, a class action, Tittle v. Enron Corp., reached a settlement that included a 'Bar Order' preventing the union from pursuing these grievances, thereby mooting the appeal. The settlement was argued by PGE to have compensated union members, barring further grievance pursuit. The court agreed, dismissing the appeal as moot since resolving the arbitrability would not yield practical relief. The union's arguments against mootness were deemed insufficient. The court emphasized its jurisdiction limits, stating it cannot rule on moot cases, and rejected any notion of issuing advisory opinions. The decision underscores concurrent jurisdiction in labor disputes and clarifies that mootness is a threshold issue that courts must resolve, impacting the union's ability to challenge the arbitrability of settled grievances.

Legal Issues Addressed

Arbitrability of Grievances

Application: The trial court determined that the grievances related to pension plans were not subject to arbitration under the collective bargaining agreement, leading PGE to seek a declaratory judgment.

Reasoning: The trial court ruled in favor of PGE, concluding the grievances were not arbitrable, leading to an appeal by the union.

Concurrent Jurisdiction in Labor Dispute Cases

Application: Both state and federal courts have jurisdiction over cases involving contracts between employers and labor organizations affecting commerce.

Reasoning: Concurrent jurisdiction exists between state and federal courts for cases involving contracts between employers and labor organizations impacting commerce, as established in Dowd Box Co. v. Courtney.

Effect of Settlement Agreements on Pending Claims

Application: The Tittle v. Enron Corp. settlement agreement, including a 'Bar Order,' precludes the union and its members from pursuing grievances against PGE, thus rendering the appeal moot.

Reasoning: A related class action, Tittle v. Enron Corp., resulted in a judgment that precludes the union and its members from pursuing their grievances, thus rendering the appeal moot.

Mootness Doctrine

Application: The court dismissed the appeal because the grievances were resolved by the settlement agreement, and any decision on arbitrability would not have a practical effect.

Reasoning: The court rejects this, stating that a claim is moot when a change in circumstances results in a decision resolving only an abstract question.