Category: Labor Law

With the support of the Freedom Foundation, a disgruntled bargaining unit member claimed that his union discriminated against him when it set limits on how he communicated with his steward and refused to file a grievance.  ERB rejected the claim, noting that the Union’s requests that the employee document his concerns and limit his communications […]

The employer terminated two employees with no history of discipline for improperly opening up traffic when they believed the worksite had shut down, and after one of the employees had not received a bathroom break for over three hours.  The Arbitrator found that although the employees engaged in misconduct, the employer did not have just […]

A well-regarded high school math teacher unintentionally displayed an inappropriate picture in class. The mishap occurred because the teacher did not realize personal pictures would sync with the camera roll he used in a class presentation. The District terminated the teacher on the grounds of “neglect of duty,” “immorality” and “inadequate performance.” The Fair Dismissal […]

A new and inexperienced teacher struggled with classroom management in a middle school in Portland that had seen significant staff and administration turnover and dysfunction.  A few students claimed that teacher made them feel uncomfortable in class.  Teacher, who acknowledged challenges with classroom management, resigned after being non-renewed.  Over seven months later, District notified teacher […]

Well-liked and effective middle school social studies teacher was terminated after her arrest for a DUI and possession of drugs was published in local newspaper.  Teacher successfully completed treatment program and was not convicted of any crime.   The District sought to terminate her based on “immorality” and “conviction of a crime.”  The FDAB unanimously ruled […]