August, 1973
The OSEA News
Page 2
We Offer Personalized
Service by Appointment .
Why don't you try our personalized service? You'll like
it! Just call 362-0992 for an appointment.
Shampoo and set
$3.50 and up
Haircuts________________________________ $3.00
Styling cuts______________________________ $5.00
Comb outs___________ ______________ $1.50 and up
Open Thursday and Friday
nights until 7:00p.m.
The Beauty Center
464 Capitol St. NE
On Capitol between Center & Marion
In the Capitol Shopping Center
362-0992
_________
A & B SEPTIC
TANK SERVICE
363-0761
PERB Rules Employment Division
Should Pay Employe Travel Costs
The Public Employe Relations Board has ruled
the Employment Division should reimburse a
group of employes who were forced to move
because their jobs were abolished.
The problem began a year ago when the Em
ployment Division, because of a shortage of funds,
abolished a number of positions in various
classifications in its field offices located
throughout the state.
Employes were notified they would be tran
sferred to different locations around the state, but
the agency said it would not pay their moving
costs.
OSEA objected to the refusal. Its collective
bargaining contract w ith the Employm ent
Division requires the agency to reimburse its
employes for travel, subsistence and moving
expenses that result from transfers made "a t the
request of or for the benefit of the employer."
After the Association made its objection known,
the agency rescinded the notices of transfer and
fold employes their positions were being abolished
and that they would be laid off. Employes were
told they could choose from a list of vacant
positions in their classification or elect to be
demoted in lieu of layoff. Reimbursement for
moving expenses was again denied.
OSEA argued that employes could not be laid off
because of their service credit ranking, and
protested the notice as improper. Some employes
were transferred anyway, and the agency would
not pay their moving costs.
OSEA staff attorney John S. Irvin filed a
complaint with the PERB charging the Em
ployment Division with failure to comply with the
Association's contract.
The matter was heard in May by hearing officer
James Daniels. He issued a proposed ruling which
said the evidence showed the agency would not
benefit from the transfers and held there was no
violation of the contract. The matter then went to
the full board.
Irvin argued before both Daniels and the board
that when an employe's position is abolished.and
he has too many service credits to permit him to
be laid off, it is the agency's obligation to transfer
him to another position.
Fulfillment of that obligation, he contended, was
a "benefit" to the agency, and offering the em
ploye his choice from a list of vacant positions
could not avoid the obligation nor nullify the
benefit.
The board agreed. It said the "record supports
the fact an employer loses both experience and
training when a career employe leaves and a new
employe must be recruited: Accordingly, we must
conclude that the Employment Division benefitted
by the retention of these employes."
It rejected Daniels' proposed ruling and said the
employes should be reimbursed for their moving
expenses.
Court Rules PERB Has Little
Authority in Bargaining Cases
The Public Employe Relations Board does not
have authority to order a state agency to stop
violating a bargaining contract, nor does it have
the power to stop practices which constitute a
refusal to bargain in good faith.
That was the ruling of Marion County Circuit
Judge Duane Ertsgaard in a recent case involving
the University of Oregon Medical School and a
local of the American Federation of State, County
collective bargaining bill - HB 2263 - passed by
the 1973 legislature. The measure currently is
being challenged by a referendum drive, however,
and it is not known when, if ever, the bill will
become law.
Refusal to bargain in good faith and violation of
a bargaining contract are two items on a list of
designated "unfair labor practices" in HB 2263.
The bill says the PERB may not only investigate
TUBS» LAVATORIES »TOILETS»GUTTERS
and M u n ic ip a l E m p lo ye s U nion.
I.-..
A fte r h e a rin g th e case, th e P E R B fo u n d the
a n d m a k e fin d in g s on c o m p la in ts o t . u n f a ir la b o r
p r a c tic e s , b u t m a y a ls o o r d e r th e p a r t y a t f a u lt to
Septic Tanks Cleaned
Medical School to be in bad faith and ordered it to
bargain in good faith. The agency contended the
decision was arbitrary, erroneous and beyond the
board's authority and appealed it to the Marion
County Circuit Court.
Judge Ertsgaard agreed with the Medical
School by ruling the board had no authority to
issue an order directing a public employer to
bargain in good faith. He Said the law only gives
the board authority to "make findings and publish
them."
That weakness in the law is corrected by the
Marvin Nisly, new
of A & B Septic
Service, has 8
experience in the
tank business.
owner
Tank
years
septic
10% off to state employes!
WE CLEAN: SEWERS• LINES» DRAINS* SINKS
• REASONABLE RATES»
"L A S T M IN U T E EM E R G E N C IE S G L A D L Y "
Evenings and Weekends
24-hour
No mileage charge in Marion or Polk Counties
Lubersky Gets N e w
PERB Appointm ent
G ov. T o m McCall has reappointed William
Lubersky to a three-year term on Oregon's Public
Employe Relations Board.
Lubersky, a Portland attorney and former
president of that city's chamber of commerce,
was first appointed to the PERB in 1970.
The other two members of the board are J. W.
Forrester, Jr., editor and publisher of the Pen
dleton East Oregonian, and Paul Bailey, also a
Portland attorney.
McCall Opens
Bond Drive
Fully equipped Subaru cars with push-button radio and
FRONT WHEEL DRIVE! In addition, our Subaru cars
feature the following standard equipment: McPherson
strut front suspension, independent torsion bars in the rear.
Rack and pinion steering. 1.3 liter, horizontally opposed,
four-cylinder, liquir cooled engine that gives up to 30 miles
per gallon on regular gas. Thermostatically controlled
electric cooling fan. Four speed all synchro transmission.
Reclining high back bucket seats. All vinyl upholstery. Wall
to wall carpets. Whitewall tires (GL blackwall radialsj.
Wheel covers. Wood-grained dash. Parcel shelf.
Eastgate Subaru
888 12th Street SE
Salem, Oregon
Phone:364-8445
or 364-9976
FREE 10-SPEED BIKE WITH NEW CAR
PURCHASE. THIS AD MUST BE PRESEN
TED. GOOD TO SEPTEMBER 20, 1973.
Gov. Tom McCall opened -the
annual U. S. Savings Bond
Payroll Savings Campaign for
Oregon's state employes last
week.
"Each of us is aware of the
importance of providing for a
future rainy day, for our
children's education, or for a new
home or retirement. Yet, in these
times of increasing demands
upon our incomes, many of us
find it extremely difficult to set
aside even a small portion of our
pay checks on a systematic
basis," McCall said.
"I'm convinced that one of the
best - and least painful - in
vestments any of us can make for
our future is in the form of U. S.
Savings Bonds through the
payroll savings plan," he said.
McCall appointed Gil Bellamy,
ad m in istra to r of the Oregon
Traffic Safety Commission, as
general chairman of the cam
paign.
l
"cease and desist from the unfair labor practice."
CASE W ill A tte n d
O S E A ’s C o n v e n tio n
Citizen Action by State Employes - OSEA's
political action arm - w ill have a "membership
table" at the Association's General Council in
Portland this fall.
That was one of the decisions made by the CAS E
Administrative Committee which met at OSEA's
headquarters building in Salem recently.
Howard R. Walp, chairman of the committee,
said Judy Copeland w ill be in charge of the effort
to sell CASE memberships at the three-day con
vention. She is a member of Motor Vehicle
Chapter 86 in Salem.
In addition, the committee agreed to offer two-
year as well as one-year CASE memberships.
Walp said that w ill allow full tax credit if paid in
an election year. One-year memberships sell for
$10.
The committee also voted to repay the final $250
of its loan from the Association. OSEA loaned
CASE the money to get the organization started.
The loan has been paid in full.
CASE presently has 58 members and a bank
balance of $1,050.
y T T V w w y w
Try It - You’ll Like It
(SHORT PSYCHOLOGY LESSON)
Think you can't afford to save? That you have so
many unexpected expenses every month you'd be
taking your money out as fast as you put it in?
Wrong. It doesn't work that way. Once you start
saving by payroll withholding you manage to meet
those little emergencies with your take-home pay,
and you leave your savings alone to flourish and
fatten. Give yourself something to gloat about.
State Employes
Credit Union .
1328 State St. NE, Salem
Telephone: 383-7084
Open Monday through Friday, 9 to 3