Arbitration decision final
- enforcement
- effective date of compensation increases
- modifying award
Source:
Section 243.752 — Arbitration decision final; enforcement; effective date of compensation increases; modifying award, https://www.oregonlegislature.gov/bills_laws/ors/ors243.html.
Notes of Decisions
This section does not violate city’s constitutional home rule powers nor does it unconstitutionally delegate legislative power to the arbitrator. Medford Firefighters Ass’n v. City of Medford, 40 Or App 519, 595 P2d 1268 (1979), Sup Ct review denied
Since this section does not mandate exclusive review of arbitrator’s award by circuit court, Employment Relations Board could properly review award. AFSCME v. Executive Dept. 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied
Where city did not participate in fact finding, union’s request for arbitration constituted initiation of arbitration procedures, so arbitrator had authority to award salary increase for fiscal year during which union’s request for arbitration was made. La Grande Police Assoc. v. Hamilton, 56 Or App 133, 641 P2d 1132 (1982)
While Employment Relations Board has primary jurisdiction over wage claim suits based on arbitration award because of its duty under this section to determine whether award is final and employer has complied with it, its jurisdiction is not exclusive and once Board has made order stating award is final and binding and that employer has failed or refused to comply with it, circuit court has jurisdiction to enforce order. Tracy v. Lane County, 305 Or 378, 752 P2d 300 (1988)
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