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 […]
Tag: Margaret Olney
Arbitrator Reinstates Two Laborers Summarily Fired for Single Safety Violation
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 […]
Local Initiative to Establish Tenant Resource Program Receives Ballot Title
Social justice advocates in Multnomah County sought to establish a Tenant Resource Program to provide free legal representation to any resident facing eviction, as well as other supports, funded through a small capital gains tax. Counsel assisted in writing the initiative. After it was filed, business groups challenged the ballot title for a variety of […]
Local Initiative to Divert Supportive Housing Service Funds Rejected as Unconstitutional
People for Portland, a dark money organization, proposed a local initiative to divert resources away from long term solutions to homelessness to a strategy prioritizing emergency shelters, sweeps, and criminalizing homelessness. The Metro Attorney rejected the initiative as violating procedural constitutional requirements and People for Portland appealed. Counsel submitted “friends of the court” arguments on […]
Arbitrator Rules in Favor of University Employees
A University violated the contract when it refused to include an across-the-board wage increase in the salary schedule used for the duration of the contract. The wage increase was contingent on the University’s fund balance and was therefore not included in the printed salary schedules. However, the parties agreed that the salary schedules would be updated […]
Mishap with Technology Does Not Justify Termination
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 […]
Local Initiative to Establish Universal Preschool in Multnomah County Properly Placed on Ballot
Social justice advocates in Multnomah County sought to establish Universal Preschool in Multnomah County by initiative. Counsel assisted in writing the initiative. After it was filed, business groups filed two lawsuits, one raising constitutional concerns, and the other challenging the ballot title. Advocates joined with Multnomah County Counsel to defeat those claims. The court certified […]
Secretary of State Could Not Reject Clean Energy Initiatives on “Single Subject” Grounds
Clean energy advocates filed two initiatives, IP’s 48 and 49 (2020), to promote and establish clean energy infrastructure and standards. The Secretary of State rejected both initiatives, claiming that because the proposals called for fair labor standards for clean energy-related construction projects, it impermissibly encompassed “two subjects.” Advocates filed a lawsuit in Marion County challenging […]
A Finding that a Teacher has Engaged in “Sexual Conduct” as Defined by Statute Requires that the Employer Prove Actual Inappropriate Conduct
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 […]
Off-Duty Conduct Relating to Teacher’s Substance Abuse Problem Was Not “Immoral” or Grounds for Termination
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 […]