Attorney Margaret Olney has represented local associations throughout the state in efforts to protect their members from the constant pressure of being required to do more work for the same pay. Most recently, she won a second arbitration for the Portland Association of Teachers (PAT) relating to high school workload. The first arbitration arose in […]
Teacher Order Reinstated with Back Pay
The District sought to dismiss a special education teacher for poor performance and neglect of duty. Although she had always received excellent evaluations, the District placed her on a plan of assistance in December, based largely on concerns regarding her effectiveness managing two severely behaviorally challenged students during that school year. Before the plan started, […]
Board finds School District Engaged in Unfair Labor Practice By Failing to Restore School Days and Compensation
When the Medford School District received additional funding from the State but did not use that funding to restore school days and compensation in accordance with a Memorandum of Agreement (MOA) it had entered into with the Medford Education Association, the Association filed an unfair labor practice complaint with the Employment Relations Board. Aruna Masih […]
Special Post: Challenges to Fair Share
It is no secret that many members of the United States Supreme Court are extremely hostile to unions. In Knox v. SEIU, 132 S. Ct. 2277 (2012), the Court held that the Union failed to follow the proper procedures when it increased its dues and fair share fees for political purposes related to several hotly […]
PERS Data Verification
An employee entitled to PERS benefits was told by PERS that she would be receiving a certain amount in retirement benefits. The employee gave up her job and retired in reliance on the information provided by PERS. Several months after the employee retired, PERS told the employee that her retirement benefit amount was actually a […]
Initiative and Ballot Title Challenges
As anyone involved in ballot measure campaigns can attest to, the wording of the ballot title for a prospective initiative can make the difference in whether proponents will even gather signatures and, if the measure qualifies for the ballot, the difference between winning and losing a campaign. For almost 20 years, Margaret Olney has worked with […]
Contract Settled, Strike Averted
Security officers unit under ILWU contract issued a 10-day strike notice during the 30-day cooling-off period following final offers. The employer filed unfair labor practice charges and a petition to declare the strike unlawful with the Employment Relations Board, and a petition for an injunction against the strike in the Multnomah County Circuit Court, providing […]
Medical Negligence Case Settled
Attorney Nelson Hall of Bennett Hartman Morris & Kaplan, representing the injured party, brought to close a medically complex negligence case that involved multiple defendants who failed to identify and diagnose a heart condition which subsequently harmed the client. Attorney Hall called upon several medical experts to prove violations of the standard of care, causation, […]
In Case of First Impression, Arbitrator Finds District Overreached in Labeling Teacher’s Inappropriate Statements as “Sexual Conduct”
A school district determined that a teacher had engaged in “sexual conduct” within the meaning of ORS 339.370 based on comments he made about the meaning of song lyrics to his 7th grade choir. Essentially, when asked, the educator told the girls that teenage boys are often insincere and just want to have sex. The […]
Retiree Health Insurance Benefits Protected
Employees who had taken a leave of absence and not maintained health insurance through the employer were denied early retirement health insurance benefits after retirement. The union pursued a group grievance under the early retirement benefits section of collective bargaining agreement, arguing that the employees were entitled to benefits based on years of service and the […]
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