# University of Oregon Chapter, AFT v. University of Oregon

> Court of Appeals of Oregon · August 24, 1988 · 92 Or. App. 614

URL: https://www.frixlaw.com/law-library/cases/9564948

## Case

- **Full name:** UNIVERSITY OF OREGON CHAPTER, AMERICAN FEDERATION OF TEACHERS, Petitioner, v. UNIVERSITY OF OREGON Et Al, Respondents
- **Court:** Court of Appeals of Oregon
- **Decided:** August 24, 1988
- **Citations:** 92 Or. App. 614; 759 P.2d 1112
- **Precedential status:** Published
- **Opinion:** Dissent by Riggs
- **Judges:** Richardson, Newman, Riggs
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9564948

## Opinion text

RIGGS, J., pro tempore,
dissenting.
I dissent, because the majority opinion perpetuates ERB’s almost exclusive reliance on “wall-to-wall” or anti-fragmentation bargaining unit configuration in academic representation cases. I recognize that ERB is to be given latitude in fashioning policies for interpretation of ORS 243.682(1), as the legislature intended and in accordance with past decisions cited by the majority. I also recognize that the largest possible appropriate bargaining unit is often the best unit. Fragmentary units lacking a clear community of interest cannot serve the process effectively. At some point, however, the disadvantages of multiple units must be balanced with the desirability of providing collective bargaining democracy through employes’ preference.
I do not believe that this record indicates that ERB has applied appropriate priorities of the factors necessary to reach the result the majority condones. The majority seems willing to concede to ERB, not only the right to select a single, nonstatutory criterion for unit configuration if it chooses to do so, but also to all but ignore size of the unit as a reflection of employe desire. Although it is true that desires of employes is only one of several criteria ERB may consider in its designation of units, employes’ desires should be given greater relative priority in proportion to the proposed unit size. In other words, when a substantial number of employes, as here, clearly indicate a preference for a particular unit configuration, ERB should assign a relatively high priority to that factor. Only when there is a compelling reason for denying or *621 selecting a competing unit configuration on the basis of “wall-to-wall” preferences should ERB discount the demonstrated substantial desire of those employes who propose to participate. To do otherwise amounts to the inappropriate substitution of ERB’s preference for the statutory criteria.
The majority dismisses petitioner’s arguments by claiming that the record indicates careful, weighted consideration of all relevant factors. I do not agree. To the contrary, it appears to me that, notwithstanding the claims in its brief, ERB has chosen its anti-fragmentation policy as the overriding criterion with minimal lip service to important statutory factors. It is almost impossible to have a bargaining unit that is entirely homogeneous, but I suspect that, if appropriate priorities were assigned to the relevant factors by ERB in this case, any lack of community of interest in the proposed unit would be relatively insignificant.
We should not abdicate our oversight role by merely rubber-stamping any result that ERB proclaims so long as there is the barest color of appropriate ERB consideration. Instead, we should require ERB to state generally but clearly the relative priorities that it has assigned to the statutory and other factors which it used in the decision making process. Only then can we provide meaningful review on appeal. I believe that that is what the legislature intended. I would remand.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9564948. Public record. Not legal advice.