Notable Cases

National Labor Relations Board

Under new NLRB representation election rules, won representation hearing before the NLRB establishing an appropriate bargaining unit of stage hands and others in the “show run crew,” as part of a union organizing campaign.   Union later won representation election. (Liz Joffe).  Decision

Oregon Employment Relations Board

Won unfair labor practice charge against Portland State University for announcing two days before faculty Association’s strike vote that it would disable faculty’s electronic log-in, including email access, if the faculty exercised the statutorily protected right to strike. (Jennifer Sung). Decision

Won unfair labor practice charge against TriMet after lengthy hearing before the Employment Relations Board. ERB held that TriMet must bargain with the union before installing video and audio surveillance equipment that recorded bus operators during work and break time, and must bargain with the union before considering unsubstantiated customer complaints when considering employees for promotion. (Liz Joffe, Noah Barish).  Decision

Oregon Fair Dismissal Appeals Board

Won reinstatement for contract teacher dismissed for off-duty conduct having no nexus to professional responsibilities or effect on teaching duties.  (John Bishop).  Decision

Won reinstatement for contract school counselor dismissed for alleged failure to report child abuse.  (John Bishop).  Decision

Oregon State Courts

Oregon Supreme Court decision declaring illegal a “Resort to Other Procedures” clause in a collective bargaining agreement permitting an employer to cease processing a union member’s grievance once the member sought resolution of that matter through an outside agency, such as by filing a claim with a federal civil rights agency. (Liz Joffe).  Decision

Oregon Supreme Court decision establishing entitlement to unemployment benefits for employees who voluntarily leave employment in the face of imminent discharge.   (Liz Joffe).  Decision

Oregon Supreme Court decision establishing that a school district cannot offset unemployment benefits against back pay awarded to a wrongfully terminated employee by the Fair Dismissal Appeals Board. (Liz Joffe).  Decision

Obtained reversal of Employment Relations Board decision finding District did not violate law by taking mass deductions from teachers’ paychecks upon their return to work after strike; on remand, Employment Relations Board ordered District to repay all deductions taken, with interest. (John Bishop).  Decision

Strikes

Portland Association of Teachers/ PPS strike preparation (2014)

American Association of University Professors / PSU strike preparation (2014)

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