Portland Fire Fighters' Assn. v. City of Portland

Waiving a statutory right requires an “intentional relinquishment or abandonment of a known right or privilege… demonstrated by a clear, unequivocal, and decisive act of the party showing such a purpose.” Waterway Terminals v. P. S. Lord, 242 Or 1, 26, 406 P.2d 556 (1965).

Portland Firefighters’ Association appealed a final order from the Employment Relations Board (ERB), assigning error to their judgment. On appeal, Portland Firefighters’ Association argued that ERB erred in holding that the city established its affirmative defense of waiver as the agreement did not waive the right to bring unfair labor practice claims against the city as that was not what the association agreed upon.  In response, the City argued that there is substantial evidence that the association waived its right to bring unfair labor practice claims based on the oral agreement that was made between the Association and the City. Waiving a statutory right requires an “intentional relinquishment or abandonment of a known right or privilege… demonstrated by a clear, unequivocal, and decisive act of the party showing such a purpose.” Waterway Terminals v. P.S. Lord, 242 Or 1, 26, 406 P.2d 556 (1965). The Court held that ERB did not err in finding that based on their agreement with the City, the Association waived its right to bring an unfair labor practice claim against the city. The Court reasoned that based on substantial evidence the Association had clear intention that was unequivocal when making the agreement to waive its right to dispute operational changes with the city. Affirmed.