236.630
Authority of new employer over transferred employee. A public employer who receives a
transferred public employee under ORS 236.610 (1) shall place that employee in
a position comparable to the position the employee enjoyed under prior
employment, subject to the following:
(1) The receiving
employer, in determining a comparable position, shall consider the employee’s
educational and physical qualifications, experience, and the salary, duties and
responsibilities of prior employment.
(2) If the
receiving employer finds that no comparable position exists under subsection
(1) of this section, the employee shall be offered a lesser position, if such
position is available, according to the qualifications of the employee, by the
receiving employer. The finding and action of such employer under this
subsection, and subsection (3) of this section shall be subject to a hearing
upon the employee’s request and subject to review under ORS 34.010 to 34.100.
(3) If the
receiving employer finds that no position exists, the employee shall be listed
as a regular laid-off employee and shall have priority to appointment over
other persons eligible for any position for which the employee is qualified,
subject to any applicable collective bargaining agreement. [1963 c.204 §4; 1991
c.918 §5; 1995 c.286 §23]
Notes of Decisions
Davis v. Wasco Intermediate Educ. Dist., 583 P.2d 1151 (Or. Ct. App. 1978).
· cites it 2× “Third, the IED relies upon the part of ORS 236.630(3) which states if "the transferee employer finds that no position exists, the employe shall be listed as a regular laid-off employe,” and argues that since school districts are not required to maintain lists of laid-off…”
Bain v. Willamette Educ. Serv. Dist., 13 P.3d 1021 (Or. Ct. App. 2000).
“Next, the court noted that ORS 236.630(3) states that, if no position exists for the transferred employee, “the employe shall be listed as a regular laid-off employee[.”
— Or. Rev. Stat. § 236.630(2) — 1 case
— Or. Rev. Stat. § 236.630(3) — 3 cases
Davis v. Wasco Intermediate Educ. Dist., 583 P.2d 1151 (Or. Ct. App. 1978).
“Third, the IED relies upon the part of ORS 236.630(3) which states if "the transferee employer finds that no position exists, the employe shall be listed as a regular laid-off employe,” and argues that since school districts are not required to maintain lists of laid-off…”
Bain v. Willamette Educ. Serv. Dist., 13 P.3d 1021 (Or. Ct. App. 2000).
“Next, the court noted that ORS 236.630(3) states that, if no position exists for the transferred employee, “the employe shall be listed as a regular laid-off employee[.”
Annotations are extracted automatically from the opinions in the
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