- Court: Oregon Court of Appeals
- Area(s) of Law: Employment Law
- Date Filed: 10-22-2014
- Case #: A150943
- Judge(s)/Court Below: Hadlock, J. for the Court; Sercombe, P.J.; & Tookey, J.
- Full Text Opinion
The Association of Oregon Corrections Employees (AOCE) petitioned for judicial review of an Employment Relations Board (ERB) order. The Public Employees Collective Bargaining Act (PECBA) allows the AOCE to bargain with their employer, the Department of Corrections (DOC), regarding employment relations. An issue arose over whether the Health Engagement Model (HEM), created by the Public Employees Benefit Board, would be mandatory or voluntary for employees. The DOC moved to suspend the negotiation and to allow the ERB to make the final decision. In response, the AOCE filed a complaint with ERB claiming that the DOC violated the PECBA by refusing to continue negotiations. The ERB ordered that no unfair labor practices were committed. The AOCE advocated that the Court to vacate the ERB order, but the Court held that it lacks authority to vacate an order issued by an executive branch agency. Later, AOCE conceded that the ratification of the current collective bargaining agreement by its members prohibits its ability to bargain over the HEM issue. The Court ruled that the case is moot because a judicial decision would have no practical effect on the parties’ rights concerning the HEM. Petition for judicial review dismissed.