# Ostrer v. Pine-Eagle School District No. 61

> Court of Appeals of Oregon · May 14, 1979 · 40 Or. App. 265

URL: https://www.frixlaw.com/law-library/cases/9629470

## Case

- **Full name:** OSTRER, Respondent, v. PINE-EAGLE SCHOOL DISTRICT NO. 61, Petitioner
- **Court:** Court of Appeals of Oregon
- **Decided:** May 14, 1979
- **Citations:** 40 Or. App. 265; 594 P.2d 1296; 102 L.R.R.M. (BNA) 2338; 1979 Ore. App. LEXIS 2121
- **Precedential status:** Published
- **Opinion:** Concurrence by Schwab
- **Judges:** Schwab, Thornton, Tanzer, Buttler
- **Cited by:** 8 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/9629470

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9629470. Public record. Not legal advice.