Opinion

Ostrer v. Pine-Eagle School District No. 61

  • 40 Or. App. 265
  • 594 P.2d 1296
  • 102 L.R.R.M. (BNA) 2338
  • 1979 Ore. App. LEXIS 2121
Court
Court of Appeals of Oregon
Filed
May 14, 1979
Status
Published
Author
Schwab
On the bench
Schwab, Thornton, Tanzer, Buttler
Cited by
8 cases
Authority
More cited than 7.0%

The opinion

SCHWAB, C. J.,

specially concurring.

I agree with the result but not the reasoning of the majority opinion.

Generally speaking, when a labor contract is ambiguous as to the scope of arbitrability, the decision on that issue is for the arbitrator. Portland Teachers v. School Dist., 27 Or App 247 , 555 P2d 943 (1976). As the majority agrees, when the contract is clear on its face as to what issues are arbitrable, the determination of arbitrability is for the court — not an arbitrator. Here *273 the grievance procedures in the contract which culminate in binding arbitration clearly cover discipline. They equally clearly do not cover dismissal.

Tanzer, J., joins in this specially concurring opinion.

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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