orderingunion to return fair share payments collected under procedure that violated federal law
How later courts described this case
- orderingunion to return fair share payments collected under procedure that violated federal law
- noting that PECBA “was adopted to model the NLRA” and that, although PECBA “was not identical to the NLRA, PECBA was very similar in structure and language, as well as purpose”
- discussing Abood and procedural requirements identified by Supreme Court of United States in Chicago Teachers Union v. Hudson, 475 US 292, 305-07, 106 S Ct 1066, 89 L Ed 2d 232 (1986)
- under Public Employees Collective Bargaining Act, ORS 243.650 to 243.782, a union that is an exclusive representative of a bargaining unit “must represent all public employees fairly,” including nonunion members
Written by the judges who cited it.
The opinion
UNIS, J.,
dissenting.
I disagree with the analysis and conclusion reached by the majority. Because I agree with the reasoning and conclusion of Graber, Judge Pro Tempore, in Elvin v. OPEU, 102 Or App 159, 164-68 , 793 P2d 338 (1990) (Graber, J., dissenting), I respectfully dissent.