Circuit Court v. AFSCME Local 502-A

669 P.2d 314, 295 Or. 542, 1983 Ore. LEXIS 1502, 115 L.R.R.M. (BNA) 2179
CourtOregon Supreme Court
DecidedAugust 31, 1983
DocketCA A23894; SC 29403
StatusPublished
Cited by33 cases

This text of 669 P.2d 314 (Circuit Court v. AFSCME Local 502-A) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Circuit Court v. AFSCME Local 502-A, 669 P.2d 314, 295 Or. 542, 1983 Ore. LEXIS 1502, 115 L.R.R.M. (BNA) 2179 (Or. 1983).

Opinions

[544]*544ROBERTS, J.

This case presents the issue whether juvenile court judges and counselors are regulated by the Public Employe Collective Bargaining Act (PECBA), ORS 243.650 through 243.782, and whether their inclusion therein prompts a conflict with article III, section 1 or with article VII, section 1 (amended) of the Oregon Constitution. We hold that these employment relationships are subject to PECBA and find no constitutional infirmity. We affirm the Court of Appeals.

The Coos County Board of Commissioners, the county juvenile department and a juvenile court judge appeal from an order of the Employment Relations Board (ERB) and an affirmance of the order by the Court of Appeals requiring the judge to bargain collectively with AFSCME Local 502-A (union), the exclusive representative of county juvenile court counselors. Petitioners argue that the judge and the court counselors are not subject to PECBA because that act conflicts both with the judge’s statutory authority under ORS 419.604(1) to hire and fire juvenile court counselors and with the constitutional requirement of separation of powers, article III, section 1 and article VII, section 1 (amended) of the Oregon Constitution.

Petitioners do not dispute that juvenile court judges are public employers and juvenile court counselors are public employes as those terms are defined in ORS 243.650(17) and (18) of PECBA.1 They argue that the application of PECBA to themselves and their employes creates an irreconcilable conflict with ORS 419.604(1). They view PECBA as a general statute and ORS 419.604(1) as a specific statute and assert [545]*545that the more specific statute should prevail. Petitioners further assert that should this court find PECBA applicable to this employment relationship the requirement of separation of powers will be violated. Petitioners urge that the judiciary must maintain exclusive control of its employment relationship with its employes in order to ensure the smooth administration of justice and preserve its independence as the third department of government.

Petitioners argue that ORS 419.604(1) is a delegation of “plenary” power. That statute provides:

“Subject to subsection (2) of this section, the judge or judges of the juvenile court in any county having a population less than 300,000 shall appoint or designate one or more persons of good moral character as counselors of the juvenile department of the county, to serve at the pleasure of and at a salary designated by the appointing judge and approved by the budget-making body of the county.

Petitioners contend that any confinement of a judge’s authority to hire, fire and set salaries, even the imposition under PECBA of good faith in the duty to bargain collectively, is antithetical to the language of ORS 419.604(1). Petitioners assert:

“If the juvenile court signs a collective bargaining agreement setting terms and conditions of employment the court’s employes no longer serve at its pleasure. * * * If the court fails to sign the agreement, the employes ultimately will serve subject to a bargaining agreement set by arbitration as interpreted by the ERB. In neither case do the employes serve pursuant to the plain terms of ORS 419.604(1); the pleasure or displeasure of the juvenile court no longer counts on the issue of whether a juvenile counselor is to be terminated.”

We do not read ORS 419.604(1) so absolutely. Whenever possible we strive to construe statutes so as to bring about consistency. McLain v. Lafferty, 257 Or 553, 558, 480 P2d 430 (1971). In AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981) the Court of Appeals adopted an interpretation which gave meaning to both the PECBA and the civil service laws and successfully harmonized seeming conflicts between the two. A similar interpretation is applicable here. [546]*546ORS 419.604(1) confers to the juvenile court judge the authority to hire, fire and set salaries. In Norman v. Van Elsberg, 262 Or 286, 497 P2d 204 (1972) we held that as between the judge or the county budgeting body it was the judge who was empowered to fix salaries, and the county had authority to reject the judge’s decision only if the salary were unreasonable. For purposes of PECBA’s definitions of public employer it is the judge who is by statute “delegated by the public employer to act in its interests in dealing with public employes.” ORS 243.650(18).

We do not find that the provisions of PECBA divest the juvenile court of its authority to regulate the employment of its counselors. Rather, PECBA sets the manner of the exercise of the authority delegated in ORS 419.604(1). It requires that public employers and employes bargain collectively, that is “meet” and “confer in good faith” concerning “employment relations”, which include topics such as salary, hours, grievance procedures and other “conditions of employment.” The purpose of collective bargaining is to arrive at a written agreement which sets the terms of the employment relationship by which both sides are bound. As pointed out in the Court of Appeals opinion there is “* * * nothing in the language of ORS 419.604(1) that makes it less consistent with the simultaneous operation of PECBA than other statutes that give public officers or bodies authority to engage employees and establish employment terms.” (Emphasis in original.) 61 Or App at 315. The court cited ORS 204.635(1) which was construed in Hockema v. OSEA, 34 Or App 527, 579 P2d 282, rev den, 283 Or 235 (1978), and ORS 204.601, ORS 332.505 and ORS ch 240 as construed in AFSCME, supra where PECBA was held to apply to classes of public employes. Nothing in ORS 419.604(1) compels a different interpretation.2

[547]

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Bluebook (online)
669 P.2d 314, 295 Or. 542, 1983 Ore. LEXIS 1502, 115 L.R.R.M. (BNA) 2179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/circuit-court-v-afscme-local-502-a-or-1983.