Springfield Police Ass'n v. City of Springfield

894 P.2d 546, 134 Or. App. 26, 1995 Ore. App. LEXIS 656
CourtCourt of Appeals of Oregon
DecidedApril 26, 1995
DocketUP-37-94; CA A84788
StatusPublished

This text of 894 P.2d 546 (Springfield Police Ass'n v. City of Springfield) 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
Springfield Police Ass'n v. City of Springfield, 894 P.2d 546, 134 Or. App. 26, 1995 Ore. App. LEXIS 656 (Or. Ct. App. 1995).

Opinion

WARREN, P. J.

Petitioner Springfield Police Association seeks review of an order of the Employment Relations Board (ERB) that held that respondent City of Springfield did not commit an unfair labor practice by refusing to bargain regarding two of petitioner’s contract proposals. We affirm in part and reverse in part.

This dispute relates to negotiations for a successor to the 1991-94 contract between respondent public employer and petitioner employee representative. Both of the proposals that are the subject of this dispute have their origin in the 1991-94 contract. That contract provided that an employee could request and have removed from the employee’s personnel file written reprimands or warnings, after two years had passed, if no other disciplinary action occurred during that time. Petitioner proposed to add this provision to the successor to that contract:

“Suspensions without pay will be removed from an employee’s personnel file after three years so long as no other disciplinary actions occur within that time period.”

Respondent refused to bargain with regard to that proposal.

The 1991-94 contract also included provisions regarding assignments to the Investigative Services Bureau (ISB), which is the detective unit. Essentially, that contract limited assignments to ISB to no more than 24 months, and required that one ISB position be maintained to provide training opportunities for patrol officers. It also provided a process for assigning officers to the ISB. Officers assigned to ISB received an allowance equal to three percent of the middle step of the contract’s salary range, to cover additional job-related expenses incurred by officers assigned to ISB, primarily expenses for business attire. In negotiations for a successor to the 1991-94 contract, petitioner proposed to include that provision, essentially unchanged. Respondent refused to bargain regarding that provision as well.

Petitioner filed an unfair labor practice complaint with ERB, claiming that respondent had violated ORS 243.672(l)(e) by refusing to bargain in good faith regarding both proposals. ERB concluded that respondent did not violate ORS 243.672(l)(e) by refusing to bargain over either [29]*29proposal. Petitioner argues that ERB erroneously interpreted the law in concluding that the proposals are not mandatory subjects of bargaining. We review for errors of law. ORS 183.482(8)(a); Springfield Education Assn. v. School Dist., 290 Or 217, 233, 621 P2d 547 (1980).

Public employers and public employees’ representatives are required to bargain in good faith with respect to employment relations. ORS 243.650(4). Failure to bargain in good faith on employment relations, which are called mandatory subjects of bargaining, constitutes an unfair labor practice. ORS 243.672(l)(e), (2)(b). The term “employment relations”

“includes, but is not limited to, matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment.” ORS 243.650(7).

If a matter concerns one of the enumerated subjects, it is a mandatory subject of bargaining. However, mandatory subjects of bargaining also include “other conditions of employment,” i.e., other subjects “of like character” to those enumerated. Springfield Education Assn., 290 Or at 233. In determining whether other conditions of employment are mandatory subjects, ERB must balance the impact of the contract proposal on the employees’ work conditions against the proposal’s impact on management rights. Those proposals that have a greater effect on management rights are not employment relations subject to mandatory bargaining; those that have a greater effect on employees’ work conditions are mandatory subjects of bargaining. Tualatin Valley Bargaining v. Tigard School Dist., 314 Or 274, 279, 840 P2d 657 (1992); Springfield Education Assn., 290 Or at 234. In engaging in the balancing, ERB must consider the bargaining proposal “in light of the workplace involved and the effect of the proposal on the employees working therein.” Tualatin Valley Bargaining, 314 Or at 286. “Although ERB can rely on its precedents that involve similar facts, it must decide each case on the facts there involved.” Id. at 285.

Petitioner assigns error to ERB’s conclusion that petitioner’s proposals are permissive, rather than mandatory, subjects of bargaining. It argues that ERB erroneously interpreted the phrase “other conditions of employment” by failing to balance the effect of the two proposals on the [30]*30employees’ work conditions against the effect on management’s rights, and particularly by failing to take into consideration the unique circumstances of this particular workplace.

As to the first proposal, regarding removal of suspensions from employees’ personnel files after three years, petitioner argues that ERB failed to balance the impact of the proposal on employees against the impact on management. It asserts that ERB erroneously relied on precedent in which ERB had held that proposals regarding the contents of personnel files are not mandatory subjects, without considering the unique circumstances of this particular workplace. In particular, petitioner argues that ERB “ignored uncontradicted testimony” that the purpose of the proposal was to give an employee who had been suspended a clean record. According to petitioner, the proposal thus relates to job security, and therefore tips the balance toward employees, because the ability to have suspensions removed from the personnel files delineates when prior discipline becomes stale if the employee faces future discipline. Respondent counters that the proposal is not related to discipline, but is merely concerned with what the employer can keep in its personnel files. It asserts that ERB considered the unique circumstances of this workplace and correctly concluded that this proposal was permissive rather than mandatory.

We agree with respondent. ERB said:

“Concerning personnel files, this Board generally has viewed as mandatory those negotiations proposals relating to employee or union access to files and as permissive proposals that attempt to prescribe the contents of such files. These holdings were predicated on the conclusions that management has a greater interest than employees in deciding where files will be maintained and what they will contain, while ‘minimum fairness’ to employees dictates that their own files be open to them.
“Even though, in order to determine whether a proposal addresses a condition of employment, we must consider the proposal ‘in light of the workplace involved and the effect of the proposal on the employees working therein,’ we find no evidence in this case that persuades us to depart from the holdings and reasoning found in the cited cases.

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894 P.2d 546, 134 Or. App. 26, 1995 Ore. App. LEXIS 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springfield-police-assn-v-city-of-springfield-orctapp-1995.