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HARRISBURG ED. v. HARRISBURG SCH. DIST. # 7

UP-59-98; A110681

63 P.3d 1176 (2003)

186 Or. App. 335

HARRISBURG EDUCATION ASSOCIATION, Respondent, v. HARRISBURG SCHOOL DISTRICT # 7, Petitioner.

Court of Appeals of Oregon.

Decided February 12, 2003.

Attorney(s) appearing for the Case

Joel S. DeVore, Eugene, argued the cause for petitioner. With him on the briefs was Luvaas, Cobb, Richards & Fraser, P.C.

Thomas K. Doyle argued the cause for respondent. With him on the brief was Smith, Gamson, Diamond & Olney, Portland.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

In 1998, three teachers in Harrisburg School District # 7 (the district) retired at the end of the school year. In doing so, they took advantage of a provision in the collective bargaining agreement (CBA) between the district and the Harrisburg Education Association (association) that provides for an early retirement incentive in the form of a monthly stipend and insurance benefits for teachers who voluntarily retire before age 65. The district determined...

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