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About The OSEA news. (Salem, Oregon) 1970-1981 | View Entire Issue (June 1, 1970)
J u n e , 1970 The O SEA Page 3 New s OSEA Lawsuit Appeals PERB Ruling to Court OSE A has filed a lawsuit In Marion County Circuit Court appealing a decision of the Public Em ploye Relations Board upholding the dismissal of a former University of Oregon employe. Alan Beistel was suspended and later dismissed from his job last October for alleged m isconduct and in subordination. OSEA appealed the action to the PERB. Staff Attorney John S. Irvin claimed the dismissal was not valid because, among other reasons, it was carried out by J. L. Henshaw, director of the physical plant. According to testimony at the hearing, Henshaw was given approval to dismiss Beistel by Al Moore, assistant personnel officer. Henshaw said he did not get the approval of UO Personnel D ire ctor Jack Steward because he was absent from his office. Assistant Attorney General Raymond Underwood, counsel for the University of Oregon, introduced a letter at the Ranges H iked 4 .2 5 % ; Here's N e w !Schedule The State of Oregon will adopt a new compensation plan for its employes July 1 as a result of the Emergency Board's decision to release the mid-biennium salary adjustment fund. Each salary rate w ill be increased 4.25 per cent, but there will be no change in the salary range numbers. Five classifications will not receive a pay increase. Portland area Registered Nurses 1, 2 and 3, Medical Technologists 1, 2 and 3, and X-ray Technicians 1, 2 and 3 were given an increase last February. Institution Principals and Institution Teachers 1, 2 and 3 will get a pay raise Sept. 1, at the beginning of the school year. Rates of pay for four classifications are not assigned to salary ranges. Those classes and their new pay rates are: Graphic Artist 3,640-672-706-741-779-817; Community Worker, 392-412-433- 455-477-501 ; Disability Determination Specialist 1, 640-672-706- 741-779-817; and Disability Determination Specialist 2, 706-741- 779-817-858-901. Following is the new salary range schedule issuer by the Personnel Division RANGE SALARY NUMBER RANGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 287 301 315 330 346 364 383 401 422 443 466 489 513 539 566 594 624 656 688 722 759 796 836 878 922 967 1016 1068 1121 1177 1236 1298 1363 1431 1502 1577 1657 1740 1828 1919 2014 2115 2221 2332 2449 301 315 330 346 364 383 401 422 443 466 489 513 539 566 594 624 656 688 722 759 796 836 878 922 967 1016 1068 1121 1177 1236 1298 1363 1431 1502 1577 1657 1740 1828 1919 2014 2115 2221 2332 2449 2571 315 330 346 364 383 401 422 443 466 489 513 539 566 594 624 656 688 722 759 796 836 878 922 967 1016 1068 1121 1177 1236 1298 1363 1431 1502 1577 1657 1740 1828 1919 2014 2115 2221 2332 2449 2571 2699 330 346 364 383 401 422 443 466 489 513 539 566 594 624 656 688 722 759 796 836 878 922 967 1016 1068 1121 1177 1236 1298 1363 1431 1502 1577 1657 1740 1828 1919 2014 2115 2221 2332 2449 2571 2699 2834 346 364 383 401 422 443 466 489 513 539 566 594 624 656 688 722 759 796 836 878 922 967 1016 1068 1121 1177 1236 1298 1363 1431 1502 1577 1657 1740 1828 1919 2014 2115 2221 2332 2449 2571 2699 2834 2975 364 383 401 422 443 466 489 513 539 566 594 624 656 688 722 759 796 : 836 878 922 967 1016 1068 1121 1177 1236 1298 1363 1431 1502 1577 1657 1740 1828 1919 2014 2115 2221 2332 2449 2571 2699 2834 2975 3123 hearing in which the president of the school delegated to Steward the authority "to act for the president in all matters concerning c iv il service classified employes." It also authorized Steward to delegate such a u th o rity to members of his staff. Under Oregon's m erit system law, Irvin argued, only the appointing authority has the legal right to dismiss an em ploye. He claim ed such s ta tu to ry a u th o rity cannot leg ally be delegated to a subordinate. Even if it could be delegated, Irvin said, the action was improper because Steward did not dismiss Beistel. He asked the board to overturn the dismissal. In its ruling, however, the PERB found that Steward was the appointing authority within the meaning of the law "and as such was authorized and did authorize Henshaw to serve notice of the suspension and dismissal on the appellant." Circuit Court Judge Douglas Hay heard arguments on the case May 22. He postponed his decision to give Underwood and Assistant A ttorn ey General Louis Bonney time to submit briefs. Highw ay Dismissal O verturned; PERB Orders Job, Pay Restored A Highway Division right-of- way agent, who was suspended and later dismissed from his job, was ordered reinstated with back pay following an appeal of the action to the Public Em ploye Relations Board. The em ploye was represented by John S. Irvin, OSEA staff attorney. Action was taken against the PERB Denies Welfare Unit An AFL-CIO union request fo r creation of a special co lle ctive bargaining unit composed of M ultnom ah County employes of the Public W elfare D ivision has been denied by the Public Employe Relations Board. The request was filed by Council 75, Am erican Federation of State, County and Municipal Employes. "T h e employes in the requested u nit can be e f fe c tiv e ly represented by a statewide unit, and a separate unit for the Multnomah County D epartm ent should not be established," the ruling said. OSEA is the c e rtifie d representative of w elfare division employes. It opposed creation of the unit. employe because of complaints from creditors and problems involving non-sufficient fund checks. Irvin asked the board to overturn the action at the opening of the hearing. He argued that the letter of suspension failed to state any statutory charge, the letter of dismissal failed to state a proper statutory charge, and neither letter set forth the proper, specific allegations required by Personnel Division rules. The board agreed. It ordered the Highway D ivision to reinstate the employe to his job with two months' back pay. OSEA Appeals Action; Employe Reinstated The Public Employe Relations Board ordered the University of Oregon to rein state an employe with back pay following an appeal by OSEA. Arnold W. W ym ore was dism issed fo r alleged misconduct, inefficiency and incompetence. The action was appealed by John S. Irvin, OSEA staff attorney. The agency claimed Wymore failed to work up to his former high capacity, did not meet deadlines set for work projects and did not adequately assume responsibility in the absence of his supervisor. Testim ony of witnesses brought out the fa c t th at Wymore was required to work a great amount of overtime, and that the deadlines for work projects were often unrealistic. The board found insufficient evidence to support the charges. It ordered Wymore reinstated to his job with payment of all back salary. INSTATE EMPLOYEES! I | | | j j I W hen in M e d fo rd , stay a t f th e T ik i Lodge. Rate f o r j state w o rke rs: $7.00. L a rge room s w ith w o rk | tab le. R e sta ura nt and Lounge across street. j j TIKI LODGE MOTEL j 509 N. Riverside, Medford I | Phone: 773-4579 | the Motel 6 w a y . . . and Save! Get the cash you want—up to $1,500—at Local Loan, where every business hour of every business day 33 satisfied people walk out with the money they came in for. 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