Or. Military Dep't v. IAFF, Local 1660, Case No. UP-048-20

• Decision Date: 09 July 2021
• Docket Number: Case No. UP-048-20
• Parties: OREGON MILITARY DEPARTMENT, Complainant, v. IAFF, LOCAL 1660, Respondent.
• Court: Oregon Employee Relations Board

OREGON MILITARY DEPARTMENT, Complainant, v. IAFF, LOCAL 1660, Respondent.

Case No. UP-048-20

EMPLOYMENT RELATIONS BOARD OF THE STATE OF OREGON

July 9, 2021

(UNFAIR LABOR PRACTICE)

FINDINGS AND ORDER FOR REPRESENTATION COSTS

On April 27, 2021, this Board issued an order holding that the last best offer submitted by the International Association of Firefighters, Local 1660 (IAFF PANG) did not include a prohibited subject of bargaining, and therefore, that IAFF PANG did not violate ORS 243.672(2)(b) as alleged in the complaint filed by the Oregon Military Department (OMD). The appeal period under ORS 183.482 has run without either party filing an appeal. Consequently, this Board now issues this order for representation costs. OAR 115-035-0055(2)(a).

Pursuant to ORS 243.676(3)(b) and OAR 115-035-0055, this Board finds that:

1. IAFF PANG is the prevailing party. Only a prevailing party in an unfair labor practice case is entitled to representation costs. ORS 243.676(2)(d), (3)(b); OAR 115-035-0055(1)(a). The prevailing party is "the party in whose favor a Board Order is issued." OAR 115-035-0055(1)(d).

2. This case was presented solely on stipulated facts, without an evidentiary hearing.

3. We award representation costs according to the schedule set forth in OAR 115-035-0055(1)(b). The representation costs award for a case presented solely on stipulated facts is $1,000. OAR 115-035-0055(1)(b)(B).

Page 2

ORDER

OMD shall remit $1,000 to IAFF PANG within 30 days of the date of this order.

DATED: July 9, 2021.

/s/_________

Adam L. Rhynard, Chair

/s/_________

Lisa M. Umscheid, Member

/s/_________

Jennifer Sung, Member

This Order may be appealed pursuant to ORS 183.482.