Portland Fire Fighters' Assn. v. City of Portland

“’Collective bargaining’ means the performance of the mutual obligation of a public employer and the representative of its employees to meet at reasonable times and confer in good faith with respect to employment relations for the purpose of negotiations concerning mandatory subjects of bargaining…” ORS 243.650(4). “Mandatory subjects of bargaining are those that affect employment relations.” ORS 243.650(4). “Employment relations ‘includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment.’” ORS 243.650(7)(a).

Petitioners sought review of an order by the Employment Relations Board (ERB) asserting that the City of Portland had committed unfair labor practices, under ORS 243.672(1)(e), by unilaterally changing operations and the process for which candidates are selected for promotion. The ERB rejected Petitioners’ claim relating to operational changes, but agreed that the City had committed an unfair labor practice by unilaterally changing the process for selecting candidates for promotion. The City cross-petitioned and assigned error to ERB’s determination that it committed an unfair labor practice by making changes to the process for selecting candidates for promotion.  “'Collective bargaining’ means the performance of the mutual obligation of a public employer and the representative of its employees to meet at reasonable times and confer in good faith with respect to employment relations for the purpose of negotiations concerning mandatory subjects of bargaining…” ORS 243.650(4). “Mandatory subjects of bargaining are those that affect employment relations.” ORS 243.650(4). “Employment relations ‘includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment.’” ORS 243.650(7)(a). The Court held that the ERB erred as to Petitioners’ claim because budget negotiations did not constitute collective bargaining. As to the City’s cross-petition, the Court held that ERB’s order that the unilaterally changed process for promotion, a mandatory subject of bargaining, was supported by substantial evidence. On petition, reversed and remanded; affirmed on cross-petition.