Sizemore PAC Lawsuit Dismissed

After the 2008 election, Oregonians for Honest Elections, a Sizemore political action committee, filed suit against OEA, SEIU, AFT and several other union-affiliated organizations. OHE claimed that OEA et al violated the Oregon Corrupt Practices Act by publishing documents that stated Sizemore was a convicted racketeer. OHE argued that the statement was false and caused Measure 64 to be defeated at the ballot. BHMK attorneys Greg Hartman, Mike Morris, and Christine Moore represent the majority of defendants. Defendants filed a motion pursuant to ORS 31.150 to strike the claims against them, arguing that it was a meritless case aimed at chilling free speech. After extensive briefing, multiple court hearings, and two proceedings before the Oregon Supreme Court, on March 18, 2011, the trial court granted the motion and struck all claims against defendants.

Failure to Reinstate After Leave - Burden on Employer and Allowable Reasons Strictly Limited

The Ninth Circuit has held that an employer that fails to reinstate bears burden to prove refusal justified. Moreover, an employer can only sustain that burden based upon the limited reasons provided under statute and rule. The court has remanded the case to the District Court to retry the family leave causes of action. Thomas Doyle represents the plaintiff in this matter.

No Just Cause for Discipline: Arbitrator Awards Reinstatement with Back-pay

BHMK attorney Christine Moore represented a union member who was terminated from her employment as a School Office Specialist by the school district. Ms. Moore successfully arbitrated the grievance. The arbitrator found that the district failed to implement progressive discipline and did not have just cause to terminate the member’s employment. The arbitrator awarded reinstatement with back-pay, a major win for the member.