Portland Pub. Sch. v. United Ass'n, Case No. UP-002-19

• Decision Date: 26 May 2021
• Docket Number: Case No. UP-002-19
• Parties: PORTLAND PUBLIC SCHOOLS, Complainant, v. UNITED ASSOCIATION, PLUMBERS AND PIPEFITTERS LOCAL 290, Respondent.
• Court: Oregon Employee Relations Board

PORTLAND PUBLIC SCHOOLS, Complainant, v. UNITED ASSOCIATION,PLUMBERS AND PIPEFITTERS LOCAL 290, Respondent.

Case No. UP-002-19

EMPLOYMENT RELATIONS BOARD OF THE STATE OF OREGON

May 26, 2021

(UNFAIR LABOR PRACTICE)

FINDINGS AND ORDER FOR REPRESENTATION COSTS

On March 24, 2021, this Board issued an order holding that United Association, Plumbers and Pipefitters Local 290 (Union) violated ORS 243.672(2)(a) as alleged by Portland Public Schools (District). 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(2)(d) and OAR 115-035-0055, this Board finds that:

1. The District 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

The Union shall remit $1,000 to the District within 30 days of the date of this Order.

DATED: May 26, 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.