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.
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