Assn. of Oregon Corrections Employees v. State of Oregon

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Employment Law
  • Date Filed: 12-03-2014
  • Case #: A143552
  • Judge(s)/Court Below: Wollheim, S.J. for the Court; Duncan, P.J.; & Nakamoto, J.
  • Full Text Opinion

Waiver of right to bargain does not occur unless a written notice of proposed changes is issued and there is no demand to bargain.

On remand from the Oregon Supreme Court, the Court of Appeals considered issues that had not been addressed in its original decision which reversed the Employment Appeals Board’s (ERB) determination that the Department of Corrections (DOC), by making unilateral changes to the scheduled days off available to Oregon State Penitentiary employees and changing the beginning and end times of their shifts, had committed unfair labor practices. The Court considered whether the ERB erred in rejecting the DOC affirmative defense that the Association of Oregon Correctional Employees (AOCE) had waived its right to bargain by not timely demanding to bargain. Finding that DOC did not establish a defense of waiver because they had not given AOCE notice of proposed changes, the Court held “ERB correctly determined that AOCE did not waive the right to bargain.” Affirmed.

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