Oregon Ass'n of Classified Employees v. Salem-Keizer School District 24J

767 P.2d 1365, 95 Or. App. 28
CourtCourt of Appeals of Oregon
DecidedJanuary 25, 1989
Docket87C-11778; CA A47143
StatusPublished
Cited by2 cases

This text of 767 P.2d 1365 (Oregon Ass'n of Classified Employees v. Salem-Keizer School District 24J) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oregon Ass'n of Classified Employees v. Salem-Keizer School District 24J, 767 P.2d 1365, 95 Or. App. 28 (Or. Ct. App. 1989).

Opinion

RICHARDSON, P. J.

Plaintiff association1 is a labor organization that seeks to become the bargaining representative of the classified employes of defendant school district and has petitioned ERB to hold a representation election. Earlier on the same day that the association filed the petition, the district board voted at an emergency meeting, see ORS 192.640(3), to approve a new collective bargaining agreement with OSEA, the incumbent certified representative of the employes. That decision and the resulting formalization of the agreement may have the effect of precluding a representation election now or in the proximate future on the ground that an existing contract bars a petition for election.2 See ORS 243.692(3); OAR 115-25-015. Plaintiffs contend that district’s decision to approve the agreement was made in violation of the Public Meetings Law, ORS 192.610 to ORS 192.695, and they ask that the decision be voided or that other equitable relief be given.3 ORS 192.680. The trial court ruled that an “actual emergency” existed and that there was therefore no violation of the statute. Plaintiffs appeal. We review de novo, ORS 192.680(1), and reverse.

The board’s deliberations on the proposed agreement were originally scheduled, and the required notice was given, for a meeting on October 8, 1987, at noon. Association had targeted its preparations for filing a representation petition around that schedule and did file the petition shortly before noon. However, sometime between October 2 and October 7, district personnel learned that there were serious problems with its budget and tax levy, which required action by the board and notification to the Marion County Assessor by 2 p.m. on October 8. Consequently, the agenda for the noon meeting was changed, and the budgetary problems rather than the OSEA agreement were to be considered at that time. A special meeting of the board was called for 7:30 a.m. on October 8 to deal with the agreement. District treated the early morning meeting as an emergency, subject to ORS [31]*31192.640(3), and did not provide plaintiffs or others a 24-hour advance notice or the kinds of notice that would be required if no emergency existed. The agreement between district and OSEA was approved at about 8:15 a.m. The budgetary matter was considered at the noon meeting.4

ORS 192.640(3) provides:

“No special meeting shall be held without at least 24 hours’ notice to the members of the governing body, the news media which have requested notice and the general public. In case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances, but the minutes for such a meeting shall describe the emergency justifying less than 24 hours’ notice.”

No one questions that the budget and levy problems constituted an “actual emergency” within the meaning of ORS 192.640(3). However, as plaintiffs repeatedly point out, the threshold question here is whether there was an actual emergency justifying the meeting to approve the agreement. They maintain that there was not and that, rather than advancing the previously scheduled time for considering the agreement, district was required to call a later meeting after giving appropriate notice.

In its brief, district offers four reasons why there was an actual emergency: (1) There was an “intervening emergency on another subject preempting the previously noticed meeting time”; (2) failure to act promptly on the agreement, after OSEA’s membership had approved it, might have led to an unfair labor practice complaint by OSEA; (3) payroll adjustments had to be made to provide benefits under the new agreement before employes would be paid on October 30; and (4) the meetings had to be planned to accommodate the schedule of the elected, privately employed board members5 and the availability of district staff. We conclude that none of those [32]*32reasons establishes an “actual emergency” or justifies the truncated procedures.

District’s first reason is circular. There was an actual emergency concerning the budget and levy problems, and emergency procedures were permissible with respect to them. That fact might, at the most, have created a scheduling problem; however, it did not convert the contract approval deliberations into an emergency. District’s contrary argument would foster a domino effect; one actual emergency could be used to justify a public body’s emergency treatment of all business coming before it at approximately the same time. Assuming that it was necessary to consider the budget problem at the noon meeting, that does not establish a corresponding necessity to consider the contract at an earlier special meeting without complying with statutory notice requirements.

The second proffered justification also fails. The apparent basis for district’s concern about a possible unfair labor practice complaint was that its negotiators had promised OSEA that it would present the agreement to the board as soon as possible after the employes had ratified it and had given notice on October 2 that the noon meeting would be held on October 8 to consider the agreement.6 See ORS 243.672(l)(e) and (h). However, nothing in the evidence supports the premise that the negotiators agreed — assuming that they could — that the board’s consideration of or action on the agreement would take place at a meeting that did not comply with the Public Meetings Law.

We held in South Benton Ed. Assn. v. Monroe Union High, 83 Or App 425, 732 P2d 58, rev den 303 Or 331 (1987), that a school district could be bound under PECBA to a negotiated collective bargaining agreement, although its board had not approved the agreement in a public session pursuant to ORS 192.660(4). We explained:

“District could hold executive sessions with [its negotiator] to discuss the negotiations with Association and to determine what District was willing to offer or accept in the bargaining process. District argues, however, that no offer made as a result of the executive session meetings could be binding on [33]*33District without ratification at a public meeting, relying on ORS 192.630 and ORS 192.660(4).

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Related

Handy v. Lane County
362 P.3d 867 (Court of Appeals of Oregon, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
767 P.2d 1365, 95 Or. App. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oregon-assn-of-classified-employees-v-salem-keizer-school-district-24j-orctapp-1989.