If the employee makes a prima facie case showing that the employer has violated ORS 240.309 (Temporary appointments), then the burden of rebutting the prima facie case is on the employer.
(a) Any employer found to be in violation of ORS 240.309 (Temporary appointments) by the board may be required to pay any affected employee damages for any loss of wages, benefits and rights. The board may also require the agency to discontinue the improper practices.
Any award granted to an affected employee by the board shall be in addition to any penalty imposed under ORS 240.990 (Penalties).
Subject to the requirements of ORS 183.452 (Representation of agencies at contested case hearings), the state agency need not be represented by legal counsel in these proceedings before the Employment Relations Board. The board may adopt, by rule, special informal proceedings to review these matters and may, in its discretion, rely on any grievance procedure records developed by the state agency. If the board adopts a rule under this subsection, the employer shall not be required to comply with ORS 183.452 (Representation of agencies at contested case hearings) (2)(b) for hearings conducted under the board rule. Any court review of the board’s decision under this section shall give special deference to the informality of the proceedings in reviewing the sufficiency of the record. [1990 c.3 §3; 1999 c.448 §7]