· 10/15/1999
Ahern v. Oregon Public Employees Union
Citations
- 988 P.2d 364
- 329 Or. 428
- 1999 Ore. LEXIS 722
- 162 L.R.R.M. (BNA) 2671
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).
Judges: Leeson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.