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About The OSEA news. (Salem, Oregon) 1970-1981 | View Entire Issue (July 1, 1970)
Page 4 <os Ei July, 1970 The OSEA News H E A D Q U A R T E R S O F F IC E P O R T L A N D B R A N C H O F F IC E 1515 State Street, Salem, Oregon, 97301 I 1432 S.W. Sixth Avenue, P ortland, Oregon, 97201 o r P .O . Box 2307, Salem, Oregon, 97308 Telephone: 224-1870 Telephone: 5 8 Î-1 5 0 5 Published monthly by the Oregon State Employes A ssociation OREGON STATE EMPLOYES ASSOCIATION OSEA Directors PR E S ID E N T GERARD J. LIEBERTZ 2 7 0 8 N E 22nd Portland 97212 PAST-PR ESID EN T SMITH FRENCH 9 12 E 15th Place The Dalles 9 7058 V IC E -P R E S ID E N T R. FLOYD BAXTER 871 Cascade D r. NW Salem 97304 SEC R ETA R Y -T R E A S U R E R ADELE EGAN 1326 Chemeketa NE Salem 97301 E M PLO YE R E P R E S E N T A T IO N RAYMOND RUFF 5 040 SW 175th Aloha 9 7005 IN S T IT U T IO N S DELBERT CHANEY 82 8 SE 8th Pendleton 97801 IN SU R A N C E LESTER B. STRICKLER 3 1 2 5 McKinley Place Corvallis 97 3 3 0 LA W -L E G IS L A T IO N A. R. "PAT" PANISSIDI 69 5 Thompson NE Salem 97301 M EM B ER SH IP MARGARET FOSTER 2 05 NW 23rd Corvallis 97 3 3 0 PU B LIC R E L A T IO N S JAMES DYER P .O .B o x 1229 Eugene 97401 R E T IR E M E N T ARTHUR KRICHEVSKY 7 625 SE Franklin Portland 97206 A C A D E M IC and U N C L A S S IF IE D "T he greatest disparity between state employes and their counterparts in industry and other governmental jurisdictions is the lack of a health insurance contribution."-^-Citizen's Committee Report on state employe fringe benefits. PAUL WESWIG 2112 Polk S t Corvallis 973 3 0 District Directors The Court Said.. by John S. Irv in , O S E A S taff A tto rn ey From the . ■ Executive Secretary Don't Delay Appeal A Good Example The m erit system statutes of the State of Oregon give a classified state employe only ten days to appeal a dismissal, suspension, demotion or reduction in pay after the effective date of the action. Available case law indicates that once this ten day lim it expires, the rig ht to appeal expires w ith it. You have to hand i t to the Highway Division. I t has some tough negotiators. It hates to compromise those "m anagement prerogatives." But when it enters into an agreement, it intends to see it is honored. The Highway Division has published 4,000 copies of a recently signed collective bargaining contract with OSEA. They are in booklet form> in a size that fits a sh irt pocket. The booklet w ill be distributed to a ll employes In the big agency's "m a in u n it." Some agencies in the past have signed contracts but not educated their supervisors. That practice too often has resulted in non-compliance w ith the contract at the working level. In speaking of the contract in the booklet, here's what Highway tells its people: "F o r supervisors, it is a must. It establishes by legal document the conditions under which our employment must be conducted..... Any breach by supervisors may get us in trouble—w ith OSEA, w ith the Public Employe Relations Board, or even in co urt." In a case from New Jersey, a police chief was con victed of conspiracy to make book on horse races, and the conviction resulted in his dismissal. The applicable statute gave ten days to appeal a dismissal to the civil service commission. A fter some confusion as to the proper place to take the appeal, the attorney for the police chief eventually, but well beyond the ten day lim it, filed an appeal from the dismissal w ith the commission. The dismissal was upheld by the New Jersey court, however, for failure to comply w ith the statutory tim e lim it. The court said: "T he ten day period prescribed for action by the dismissed employe can adm it of no construction other than that it is m andatory in its requirem ent." "T he tim e must come when the appointing authority can rèly upon the conclusion of the issue and proceed to make arrangements in the interest of the public to replace the dismissed employe w ithout fear that its action w ill be undone. Not only does common practice, require it, but the fundamental policy of the law demands definite lim ita tion s." "T he public interest requires that the protection accorded by statutes of this class be invoked with reasonable prom ptitude." A question to think about: If the agency goes ahead and appoints a new employe to the position , of a dismissed employe, what are the obligations of the agency and the rights of the new employe if the dismissed employe wins reinstatement? 1. B E T H B R A N D E S 106 NE^62nd Ave. Portland 97213 2. R O N A L D N A I R N 66 5 Oregon Ave. Dallas 97338 3. CARL WINFREY Route 1, Box 3 07A M yrtle Creek 9 7457 4. RICHARD YOUNG 3 9 4 9 Summers Lane Klamath Falls 97601 5. DONALD KELLEY 740 SW 28th Pendleton 97801 6. WILLIAM PLEMMONS 2 6 3 5 Seavy Circle Corvallis 973 3 0 7. EARL WARZYNSKI . 7 2 0 E 14th Th e Dalles 97058 8. THEODORE THOMPSON 5 08 N Holladay Drive Seaside 9 7 138 9. MYRTLE JARVIS Station A G riffith Hall Salem 9 7310 Professional Staff THOMAS C. ENRIGHT Executive Secretary EVERETT B. STILES Executive Assistant, Legis lative Representation and Research C. D. JOHANSEN Executive Assistant Oper ations and Business Manage ment JOHN S. IRVIN Staff A ttorney DONALD G. OLDS Business and Services Manager DONALD A. BENINGER No Strike Clause We have had a surprising number of reactions to the no-strike clause in OSEA's contracts. The reasons for the clause are these: (1) State employe strikes presently are against the law. OSEA's constitution pledges support of and compliance w ith law. (2) Every public and private industry labor contract we have seen has a no-strike provision. It is part of the "peace p act" between the organization and the em ployer. (3) If things get so bad that employes contemplate strikes, the contract probably w ill have long since lost its value. There is a hint for someone, however, in the fact that some employes criticize "contracting away the right to s trik e ." Field Representative Supervisor JOHN M. SCHOONOVER Field Representative GILBERT C. POLANSKI Field Representative HARRY C. WARD Field Representative DESSEL GRAVES Research Analyst SHARLENE CRABTREE Employe Counselor DALE E. LEACH Public Relations Manager and Editor (Address all communications to the Salem address.) ' Second Class Postage Paid at Salem, Oregon. Subscription rates: $1.50 per year to association members; $ 3.00 to all others; 25c per copy. Official publication o f the Oregon State Employes Association, a non p rofit organization.