American Federation of State, County and Municipal Employees, Council 75, Local 2043 v. City of Lebanon

Under ORS 243.672(1), certain actions by an employer or employer's agent are considered unfair labor practices. A city councilor was found not to be a city's agent.

Margaret Campbell, a City Councilor, wrote a letter criticizing the municipal employees union and submitted it to a newspaper. The letter stated that the city should consider eliminating positions of assistant city manager/human resources assistance before cutting essential services or laying off union workers. The City of Lebanon sought judicial review of an order by the Employment Relations Board which found Campbell an unfair labor practice. The city asserted that Campbell is not a “designated representative” because she is not a “representative” of the City of Lebanon. However, the union argues that individual City Councilors are public employers. ORS 243.672(1) provides that it is an unfair labor practice for a public employer or its designated representative to commit certain acts. The Court concluded that while the city committed an unfair labor practice, Campbell was not acting as the city’s agent when she wrote the letter. Reversed and remanded.