Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process
- powers of arbitrator
Source:
Section 243.706 — Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process; powers of arbitrator, https://www.oregonlegislature.gov/bills_laws/ors/ors243.html.
Notes of Decisions
Where collective bargaining contract between union and county contained mandatory grievance procedures, ERB was without authority to interpret contract without requiring that parties bring matter to arbitration. AFSCME v. Lane County Commissioners, 45 Or App 161, 607 P2d 1212 (1980), Sup Ct review denied, on reconsideration 46 Or App 645, 612 P2d 759 (1980)
Findings made by arbitrator that are beyond scope of collective bargaining agreement are not part of arbitration “award.” Deschutes County Sheriff’s Association v. Deschutes County, 169 Or App 445, 9 P3d 742 (2000), Sup Ct review denied
Proper inquiry in determining whether employer may decline to enforce arbitration award on public policy grounds is whether award itself contravenes public policy, not whether underlying conduct of employee violates public policy. Salem-Keizer Association of Classified Employees v. Salem-Keizer School District 24J, 186 Or App 19, 61 P3d 970 (2003)
Where police officer used deadly force, police department discharged officer from employment and arbitrator found that officer’s use of deadly force was not misconduct and ordered department to reinstate officer, this section’s public-policy exception to enforceability of arbitrator’s decision does not apply because that exception is triggered only when arbitrator finds that officer engaged in misconduct. Portland Police Association v. City of Portland, 275 Or App 700, 365 P3d 1123 (2015)
Law Review Citations
49 WLR 105 (2012)
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