Or. Rev. Stat. § 240.235

Compensation plan for classified service

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      240.235 Compensation plan for classified service. (1) The Personnel Division shall establish and implement a merit pay system which shall take into consideration individual performance and organizational accomplishment, prevailing rates of pay for the services performed and for comparable services in public and private employment, living costs, maintenance or other benefits received, obligations established by collective bargaining agreements, and the state’s financial condition and policies. The merit pay system may provide for monetary awards to employees for past meritorious service and contribution to the mission and goals of the employing agency.

      (2) Modifications of the merit pay system may be adopted by the division and shall be effective only when approved by the Director of the Oregon Department of Administrative Services.

      (3) Except as provided in subsection (4) of this section, each employee in the classified service shall be paid a rate within the salary range set forth in the merit pay system for the class of positions in which employed.

      (4) Following any modification of the classification plan affecting a position, the division may provide that the rate of compensation of the employee holding such position shall not be reduced by reason of any such modification. An employee holding such a position shall not be eligible for any salary increase during such period of time that the employee’s salary is above the maximum of the salary range of the classification to which the employee’s position is allocated. [Amended by 1961 c.451 §1; 1969 c.80 §53; 1975 c.305 §1; 1979 c.468 §12]

Notes of Decisions
Cited in 4 cases, 1978–1988 · leading case: American Federation of State v. Executive Department
American Federation of State v. Executive Department (1981) orctapp · cites it 14× “The Board, in In the Matter of the Petition of the State Personnel Division for a Declaratory Ruling, 3 PECBR 1860 (1978), said: "[W]e see no conflict with ORS 240.235 if the Personnel Division were to adopt for a class of work a salary range which encompasses the minimum rate…”
AFSCME Council 75, Local 350 v. Clackamas County (1984) orctapp · cites it 4× “) The state refused to implement an arbitration award, contending, inter alia, that under ORS 240.235 Personnel Division approval of the award was required.”
State v. Oregon Public Employes Union (1988) orctapp “321(2) provides: “Notwithstanding any of the provisions of ORS 240.235, 240.306, 240.316, 240.430 and 240.”
Berry v. State Forestry Department (1978) orctapp · cites it 2× “” ORS 240.235(1): "The division shall adopt a compensation plan which shall include, for each class or position, a minimum and a maximum rate, and such intermediate rates as are considered necessary or equitable.”
— Or. Rev. Stat. § 240.235(1) — 3 cases
American Federation of State v. Executive Department (1981) orctapp “The Board, in In the Matter of the Petition of the State Personnel Division for a Declaratory Ruling, 3 PECBR 1860 (1978), said: "[W]e see no conflict with ORS 240.235 if the Personnel Division were to adopt for a class of work a salary range which encompasses the minimum rate…”
AFSCME Council 75, Local 350 v. Clackamas County (1984) orctapp “) The state refused to implement an arbitration award, contending, inter alia, that under ORS 240.235 Personnel Division approval of the award was required.”
Berry v. State Forestry Department (1978) orctapp “” ORS 240.235(1): "The division shall adopt a compensation plan which shall include, for each class or position, a minimum and a maximum rate, and such intermediate rates as are considered necessary or equitable.”
— Or. Rev. Stat. § 240.235(2) — 1 case
American Federation of State v. Executive Department (1981) orctapp “The Board, in In the Matter of the Petition of the State Personnel Division for a Declaratory Ruling, 3 PECBR 1860 (1978), said: "[W]e see no conflict with ORS 240.235 if the Personnel Division were to adopt for a class of work a salary range which encompasses the minimum rate…”
— Or. Rev. Stat. § 240.235(3) — 3 cases
American Federation of State v. Executive Department (1981) orctapp “The Board, in In the Matter of the Petition of the State Personnel Division for a Declaratory Ruling, 3 PECBR 1860 (1978), said: "[W]e see no conflict with ORS 240.235 if the Personnel Division were to adopt for a class of work a salary range which encompasses the minimum rate…”
AFSCME Council 75, Local 350 v. Clackamas County (1984) orctapp “) The state refused to implement an arbitration award, contending, inter alia, that under ORS 240.235 Personnel Division approval of the award was required.”
Berry v. State Forestry Department (1978) orctapp “” ORS 240.235(1): "The division shall adopt a compensation plan which shall include, for each class or position, a minimum and a maximum rate, and such intermediate rates as are considered necessary or equitable.”
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