Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel
Source:
Section 243.736 — Strikes by deputy district attorneys, assistant attorneys general and certain emergency and public safety personnel, https://www.oregonlegislature.gov/bills_laws/ors/ors243.html
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Notes of Decisions
Juvenile probation officers were not “policemen” within meaning of this section, as threat of strike by these individuals did not pose type of immediate public danger that this section contemplates. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied
Prison employes not hired to maintain prison security were not “guards at correctional institutions” within meaning of this section, since legislature only intended to include within absolute prohibition against striking those employes whose job duties are such that it is apparent without case-by-case determination that strike could create public danger or threat. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied
Liquor enforcement officers are not “police officers” within meaning of this section. AFSCME Local 2505 v. OLCC, 91 Or App 385, 755 P2d 148 (1988)
Parole and probation officers do not qualify as police officers for purposes of compelling binding interest arbitration. Clackamas County v. Federation of Oregon Parole and Probation Officers, 124 Or App 395, 862 P2d 114 (1993)
“Mental hospital” includes any facility providing residential services to mentally ill and developmentally disabled individuals who present danger or threat to public. Dept. of Human Resources v. AFSCME Council 75, 125 Or App 625, 866 P2d 498 (1994), Sup Ct review denied
“Guards” includes employees whose focal job duties include monitoring behavior and location of facility residents and keeping residents under control, notwithstanding that predominant job duty of employees may be therapeutic. Dept. of Human Resources v. AFSCME Council 75, 125 Or App 625, 866 P2d 498 (1994), Sup Ct review denied
Attorney General Opinions
Validity of separate bargaining units for striking and nonstriking public employes, (1974) Vol 37, p 245