Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 243.752

Arbitration decision final; enforcement; effective date of compensation increases; modifying award

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      243.752 Arbitration decision final; enforcement; effective date of compensation increases; modifying award. (1) A majority decision of the arbitration panel, under ORS 243.706, 243.726, 243.736, 243.738, 243.742 and 243.746, if supported by competent, material and substantial evidence on the whole record, based upon the factors set forth in ORS 243.746 (4), shall be final and binding upon the parties. Refusal or failure to comply with any provision of a final and binding arbitration award is an unfair labor practice. Any order issued by the Employment Relations Board pursuant to this section may be enforced at the instance of either party or the board in the circuit court for the county in which the dispute arose.

      (2) The arbitration panel may award increases retroactively to the first day after the expiration of the immediately preceding collective bargaining agreement. At any time the parties, by stipulation, may amend or modify an award of arbitration. [1973 c.536 §20; 1981 c.423 §1; 1983 c.504 §2; 2017 c.496 §7]

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1979–2022 · leading case: American Federation of State v. Executive Department
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American Federation of State v. Executive Department (1981) orctapp · cites it 32× “[8] the *1233 complaint also petitioned ERB to seek enforcement of the arbitrator's award in circuit court pursuant to ORS 243.752. On the same day the state filed a motion to set aside the arbitration award.”
Medford Firefighters Ass'n, Local 1431 v. City of Medford (1979) orctapp · cites it 7× “The City demurred to the alternative writ of mandamus on the grounds that ORS 243.752, 1 which provides that the arbitration decision is binding on the parties, is unconstitutional because it 2 violates the home rule provisions of the Oregon Constitution 2 and because it…”
City of Roseburg v. Roseburg City Firefighters, Local No. 1489 (1981) or · cites it 2× “" The arbitrator's decision is subject to judicial review for conformity to the requirements of state law on the petition of ERB or the parties, ORS 243.752. The members of ERB are appointed by the governor, ORS 240.”
Ahern v. Oregon Public Employees Union (1999) or · cites it 5× “672 or ORS 243.752, ERB must investigate the complaint, conduct a hearing if it determines that a question of law or fact exists, and make factual findings.”
Tracy v. Lane County (1988) or · cites it 6× “ORS 243.752(1), 243.672(l)(g). The general wage claim statute, ORS 652.”
SAIF Corp. v. Wright (1991) or “Lane County, 305 Or 378, 382 , 752 P2d 300 (1988) (Employment Relations Board’s jurisdiction under ORS 243.752(1) is primary, even if not exclusive).”
La Grande Police Ass'n v. Hamilton (1982) orctapp · cites it 5× “He relies on ORS 243.752, which at the time of the relevant events, provided in part: “* * * The commencement of a new fiscal year after the initiation of arbitration procedures under [PECBA and other statutes], but before the arbitration decision or its enforcement, shall not…”
George-Buckley v. Medford School Dist. 549C (2022) orctapp · cites it 2× “at 380-81 ; ORS 243.752(1). Further, ORS 243.752(1) provided that ERB’s order upholding the award should be enforced in circuit court.”
Tracy v. Lane County (1987) orctapp “” ORS 243.752(1) provides: “A majority decision of the arbitration panel, * * * if supported by competent, material and substantial evidence on the whole record, based upon the factors set forth in ORS 243.”
Ass'n of Oregon Corrections Employees v. State (2007) orctapp “746(5); ORS 243.752(1). As indicated, AOCE and DOC did not reach voluntary agreement, and the matter proceeded to mediation and then arbitration.”
— Or. Rev. Stat. § 243.752(1) — 6 cases
Tracy v. Lane County (1988) or “ORS 243.752(1), 243.672(l)(g). The general wage claim statute, ORS 652.”
Ahern v. Oregon Public Employees Union (1999) or “672 or ORS 243.752, ERB must investigate the complaint, conduct a hearing if it determines that a question of law or fact exists, and make factual findings.”
SAIF Corp. v. Wright (1991) or “Lane County, 305 Or 378, 382 , 752 P2d 300 (1988) (Employment Relations Board’s jurisdiction under ORS 243.752(1) is primary, even if not exclusive).”
George-Buckley v. Medford School Dist. 549C (2022) orctapp “at 380-81 ; ORS 243.752(1). Further, ORS 243.752(1) provided that ERB’s order upholding the award should be enforced in circuit court.”
Tracy v. Lane County (1987) orctapp “” ORS 243.752(1) provides: “A majority decision of the arbitration panel, * * * if supported by competent, material and substantial evidence on the whole record, based upon the factors set forth in ORS 243.”
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