Oregon AFSCME Council 75 v. OJD - Yamhill County

Under ORS 243.650(1), the Employment Relation Board (ERB) may certify a labor organization as the exclusive representative of a group of public employees if ERB determines that the group would comprise an “appropriate bargaining unit.” That determination requires comparative analysis of the community interest factor in ORS 243.682(1)(a) and, if the record lacks substantial evidence or substantial reason, the Court has discretion to set aside or remand ERB’s order. ORS 183.482(7)(c).

OJD petitioned for review of the Employment Relation Board’s (ERB) certification of AFSCME as the exclusive representative of a bargaining unit of employees working for the Yamhill County Circuit Court. ERB concluded that “the Yamhill employees’ community of interest is significantly stronger than, and distinct from, their community of interests with other [OJD] employees.” On appeal, OJD challenged ERB’s community of interest conclusion and argued that ERB’s certification is “not supported by substantial evidence or substantial reason.” Under ORS 183.482(7)(c), the Court has discretion “to either set aside or remand ERB’s order if it is not supported by substantial evidence and, by extension, substantial reason.” The Court decided “ERB’s distinct community of interest conclusion was central to its appropriate unit determination,” but concluded that ERB did not and factually could not demonstrate that Yamhill employees’ interests “were so significant as to outweigh and eclipse the uniform policies for all OJD employees.” Moreover, the Court found that ERB did not explain how it reasoned from the facts to its conclusion, but it needed to. Therefore, the Court held that “[n]either ERB’s role in adjudicating contested petitions for unit certification nor [the Court’s] appropriately deferential standard of review insulates ERB’s decision from judicial review for substantial evidence and substantial reason.” Order set aside.