Appeal procedure
Source:
Section 240.560 — Appeal procedure, https://www.oregonlegislature.gov/bills_laws/ors/ors240.html.
Notes of Decisions
Where after long, exceptional service, petitioner only recently developed disqualifying characteristics in the area of supervision, the board properly overruled the public employer’s dismissal of him and ordered his demotion to the highest level nonsupervisory position. James v. Employment Div., 20 Or App 309, 531 P2d 710 (1975), Sup Ct review denied
The board does not have jurisdiction to hear charges of sex discrimination. Phillips v. Dept. of Rev., 23 Or App 748, 544 P2d 196 (1975)
Failure of supervising agency to instruct employee in proper appeal procedure does not waive requirement that appeal be filed directly with board within time limit. Lamb v. Cleveland, 28 Or App 343, 559 P2d 527 (1977), Sup Ct review denied
The Employment Relations Board is the tribunal before which all parties have the opportunity to present and rebut evidence relevant to a disciplinary action against a public employe, the tribunal that resolves any conflicts in the evidence, and the tribunal which draws inferences from the evidence; overruling to extent of inconsistency, Phillips v. State Bd. of Higher Educ., 7 Or App 588, 490 P2d 5 (1971), Sup Ct review denied and Thompson v. Secretary of State, 19 Or App 73, 526 P2d 621 (1974), Sup Ct review denied. Fairview Hospital and Training Center v. Stanton, 28 Or App 643, 560 P2d 667 (1977)
Where there was basis for discipline, but such basis was different from that upon which original sanctions were imposed on employe, matter would be remanded to Division for imposition of new sanctions in light of revised facts. Civil Rights Division v. Williams, 280 Or 595, 573 P2d 270 (1977)
“No reasonable employer” test, used under this section, is judicial interpretation of statutory division of responsibility between agencies and test does not construe delegative terms over which single agency has interpretive authority so as to invade agency’s province. Brown v. Oregon College of Education, 52 Or App 251, 628 P2d 410 (1981)
“No reasonable employer” test is to be applied by ERB in its fact-finding function in essentially same manner as reasonable person test is applied in negligence cases. Brown v. Oregon College of Education, 52 Or App 251, 628 P2d 410 (1981)
This section does not authorize the Employment Relations Board to set aside an employe dismissal for failure of a dismissing agency to comply with a personnel rule. Payne v. Dept. of Commerce, 61 Or App 165, 656 P2d 361 (1982); reconsidered, 62 Or App 433, 661 P2d 119 (1983) (former opinion adhered to.)
Where employee in unclassified service is fired, there is no statutory requirement that employee can be fired only for cause. Brady v. Gebbie, 859 F2d 1543 (9th Cir. 1988)
Attorney General Opinions
Right of a nonlawyer union business agent to represent a member before the board, (1972) Vol 35, p 1088
Law Review Citations
51 OLR 24 (1971); 55 OLR 351-354 (1976)
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