SUMMARY
Chapter 7, “Arbitration and Breach of Contract,” discusses the Employment Relations Board’s jurisdiction (1) to enforce a collective-bargaining agreement, (2) to enforce an agreement to arbitrate, and (3) to enforce a grievance arbitration award. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 7
ARBITRATION AND BREACH OF CONTRACT: ORS 243.672(1)(G) AND (2)(D)
Noah Warman
§ 7.1 INTRODUCTION
§ 7.1-1 The Oregon Statute
§ 7.1-2 Problems of Overlapping Jurisdiction
§ 7.1-3 ERB’s Jurisdiction
§ 7.2 EXHAUSTION AND DEFERRAL
§ 7.2-1 Exhaustion of the Grievance Process
§ 7.2-2 Deferral to Arbitration
§ 7.3 COMPELLING ARBITRATION
§ 7.4 ENFORCING AN ARBITRATION AWARD
§ 7.4-1 Arbitrator’s Authority
§ 7.4-2 Arbitrator’s Ruling Regarding Arbitrator’s Own Authority
§ 7.4-3 The “Contrary to Public Policy” Exception
§ 7.4-4 The “Differential Treatment” Restriction
§ 7.4-5 Misconduct by a Sworn Law Enforcement Officer
§ 7.4-6 Claims of Preemption by Federal Law
§ 7.4-7 Remedial Authority
§ 7.4-8 End-of-Contract Issues
§ 7.4-9 Special Test for State Cases
§ 7.4-10 Good Faith and Fair Dealing
§ 7.5 ACTIONS TO ENFORCE THE CONTRACT DIRECTLY
§ 7.6 RELATIONSHIP BETWEEN SECTION (1)(g) AND SECTION (1)(e): THE CONTRACT AS A DEFENSE TO UNILATERAL CHANGES