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· 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 CourtListener

Sourced 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.