Ahern v. Oregon Public Employees Union

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that ERB has exclusive jurisdiction to determine whether an unfair labor practice has been committed under ORS 243.672
• holding that tort and state constitutional claims were within ERB’s exclusive jurisdiction because the “gravamen of plaintiff’s complaint” was that the defendant committed an unfair labor practice
• explaining that anyone “who has been injured by an unfair labor practice * * * may file a complaint with ERB”
• given a complex regulatory scheme, ERB has \exclusive jurisdiction to determine whether an unfair labor practice has been committed\
• It is “the nature of the matter, not the label that a party has placed on it.”
• a plaintiff cannot avoid ERB’s jurisdiction by alleging an unfair labor practice as an element of another type of claim

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Portland State University Chapter of the American Ass'n of University Professors v. Portland State University
  Oregon Supreme Court· 2012-11-29· cited 35×
• Miller v. State
  Court of Appeals of Oregon· 2019-06-12· cited 11×
• Joseph School District No. 6 v. Joseph Education Ass'n
  Court of Appeals of Oregon· 2000-12-13· cited 2×
• Scherzinger v. Portland Custodians Civil Service Board
  Court of Appeals of Oregon· 2006-12-06· cited 2×
• Jefferson County v. Oregon Public Employees Union
  Court of Appeals of Oregon· 2001-05-02· cited 1×
• George-Buckley v. Medford School Dist. 549C
  Court of Appeals of Oregon· 2022-04-06· cited 1×

Cites

5 cases in this archive are cited by this case.

• Portland General Electric Co. v. Bureau of Labor & Industries
  Oregon Supreme Court· 1993-10-19· cited 2,400×
• McGanty v. Staudenraus
  Oregon Supreme Court· 1995-09-08· cited 298×
• Davis v. O'BRIEN
  Oregon Supreme Court· 1995-04-06· cited 135×
• Shockey v. City of Portland
  Oregon Supreme Court· 1992-07-09· cited 68×
• Tracy v. Lane County
  Oregon Supreme Court· 1988-03-29· cited 7×