Eugene Education Ass'n v. Eugene School District No. 4J
Docket: No. C-141-78, CA 16906
Court: Court of Appeals of Oregon; February 2, 1981; Oregon; State Appellate Court
Petitioner Eugene Education Association seeks judicial review of an order from the Employment Relations Board (ERB) which held that the School District did not commit an unfair labor practice under ORS 243.672(1)(g) by refusing to comply with an arbitration award related to a grievance under their collective bargaining agreement. The ERB is found to have employed an incorrect standard in reviewing the arbitration award, leading to a remand for proper legal interpretation and application. The arbitrator’s award appears internally inconsistent, likely due to reliance on a previous ERB case, Eugene Education Association v. Eugene School District, which addressed the District's unilateral discontinuation of extra duty assignments for supervising certain sports. In that prior case, ERB ruled that subcontracting previously performed by bargaining unit members was a mandatory subject of bargaining, obligating the District to negotiate; however, it concluded that the District did not violate the collective bargaining agreement. The Association did not pursue judicial review of that decision, as it succeeded on statutory grounds. The arbitrator in the current case felt bound to follow the previous ruling, despite apparent inconsistencies, resulting in similar inconsistencies in the current arbitration opinion and award. The court does not express an opinion on the merits of the arbitrator's award or the validity of ERB's 1977 decision. The matter is remanded for reconsideration. ORS 243.672(1)(g) defines an unfair labor practice as including violations of any written employment relations contract, including agreements to arbitrate or accept arbitration awards as binding.