Opinion

Elvin v. Oregon Public Employes Union

  • 313 Or. 165
  • 832 P.2d 36
  • 140 L.R.R.M. (BNA) 2347
  • 1992 Ore. LEXIS 42
Court
Oregon Supreme Court
Filed
May 1, 1992
Status
Published
Author
Unis
On the bench
Carson, Peterson, Gillette, Van Hoomissen, Fadeley, Unis
Cited by
18 cases
Authority
More cited than 5.3%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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