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CITY OF ROSEBURG v. ROSEBURG CITY, ETC.

No. C-28-80; CA 18932; SC 27638.

639 P.2d 90 (1981)

292 Or. 266

CITY OF ROSEBURG and George Stubbert, City Manager, Petitioners On Review, v. ROSEBURG CITY FIREFIGHTERS, Local No. 1489 and State of Oregon Employment Relations Board, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided December 29, 1981.

Attorney(s) appearing for the Case

Timothy J. Sercombe, Eugene, argued the cause for petitioners. With him on the petition were Stanton F. Long, and Johnson, Harrang, Swanson & Long, Eugene, and David A. Aamodt, City Atty., Roseburg. On the brief were Stanton F. Long, Timothy J. Sercombe, Orval Etter, A. Keith Martin, and Johnson, Harrang, Swanson & Long, Eugene.

Gary K. Jensen, Eugene, argued the cause for respondent Roseburg City Firefighters, Local No. 1489. With him on the brief was William N. Kent, Eugene.

James Mountain, Salem, argued the cause for respondent Employment Relations Board. On the brief were James M. Brown, Atty. Gen., John R. McCulloch, Sol. Gen., William F. Gary, Deputy Sol. Gen., and William F. Hoelscher, Asst. Atty. Gen., Salem.

Henry H. Drummonds of Kulongoski, Heid, Durham & Drummonds, Eugene, filed a brief as amicus curiae for American Federation of State, County and Municipal Employees, AFL-CIO, Oregon Council 75, and the Oregon Ed. Ass'n.

James M. Mattis, Salem, filed a brief as amicus curiae for League of Oregon Cities.

TANZER, Justice.

This is judicial review of an order of the Employment Relations Board (ERB) finding the City of Roseburg and its city manager (Roseburg), a public employer, to have engaged in an unfair labor practice contrary to ORS 243.672(1)(e) by its refusal to bargain collectively with the exclusive representative of its employee firemen (Local 1489) and ordering Roseburg to cease and desist from its refusal. Roseburg sought judicial review and the Court of Appeals...

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