Or. Rev. Stat. § 240.240

Application of chapter to unclassified or management service

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      240.240 Application of chapter to unclassified or management service. (1) The unclassified service or, except as provided in ORS 240.250, the management service shall not be subject to this chapter, except that employees and officers in the unclassified or management service shall be subject to the laws, rules and policies pertaining to any type of leave with pay except as otherwise provided in subsections (4) and (5) of this section, and shall be subject to the laws, rules and policies pertaining to salary plans except as otherwise provided in subsections (3) and (5) of this section.

      (2) With regard to any unclassified or management service position for which the salary is not fixed by law, and except as otherwise provided in subsections (3) and (5) of this section, the Personnel Division shall adopt a salary plan which is equitably applied to various categories in the unclassified or management service and is in reasonable conformity with the general salary structure of the state. The division shall maintain this unclassified and management salary plan in accordance with the procedures established for the classified salary plan as provided in ORS 240.235.

      (3) The Secretary of State and the State Treasurer, for the purpose of maintaining a salary plan for unclassified and management service positions in their departments, may request the advice and assistance of the division.

      (4) With regard to unclassified instructors and teachers under annual teaching contracts for an academic year in the school operated under ORS 346.010, arrangements for leave with pay shall be established by the Department of Education.

      (5) With regard to unclassified positions in the Oregon Business Development Department’s foreign offices, the salary plan and arrangements for leave with pay shall be established by the Director of the Oregon Business Development Department. [1955 c.738 §5; 1969 c.80 §54; 1971 c.695 §2; 1975 c.427 §4; 1981 c.409 §3; 1985 c.121 §1; 1991 c.149 §4; 1995 c.612 §14; 2007 c.858 §62; 2009 c.562 §18]

Notes of Decisions
Cited in 3 cases, 1971–1994 · leading case: Lent v. Employment Relations Board
Lent v. Employment Relations Board (1983) orctapp “ECBA which provides: “The Executive Department of the State of Oregon shall represent all state agencies which have bargaining units in collective bargaining negotiations with the certified or recognized exclusive representatives of all appropriate bargaining units of exempt,…”
Vandever v. State Board of Higher Education (1971) orctapp · cites it 5× “070 (2) (b), and ORS 240.240 (4) the defendant Board was authorized (a) to adopt an administrative regulation allowing it to make exceptions to its general classification and compensation plan and (b) to hire and pay plaintiff at a rate less than the min *56 irrnrm salary…”
Knutzen v. Department of Insurance & Finance (1994) orctapp · cites it 10× “For example, Oregon Laws 1981, chapter 409, section 3, amended ORS 240.240 to exempt management service employees from application of the State Personnel Relations Law.”
— Or. Rev. Stat. § 240.240(1) — 2 cases
Knutzen v. Department of Insurance & Finance (1994) orctapp “For example, Oregon Laws 1981, chapter 409, section 3, amended ORS 240.240 to exempt management service employees from application of the State Personnel Relations Law.”
Vandever v. State Board of Higher Education (1971) orctapp “070 (2) (b), and ORS 240.240 (4) the defendant Board was authorized (a) to adopt an administrative regulation allowing it to make exceptions to its general classification and compensation plan and (b) to hire and pay plaintiff at a rate less than the min *56 irrnrm salary…”
— Or. Rev. Stat. § 240.240(2) — 1 case
Vandever v. State Board of Higher Education (1971) orctapp “070 (2) (b), and ORS 240.240 (4) the defendant Board was authorized (a) to adopt an administrative regulation allowing it to make exceptions to its general classification and compensation plan and (b) to hire and pay plaintiff at a rate less than the min *56 irrnrm salary…”
— Or. Rev. Stat. § 240.240(4) — 1 case
Vandever v. State Board of Higher Education (1971) orctapp “070 (2) (b), and ORS 240.240 (4) the defendant Board was authorized (a) to adopt an administrative regulation allowing it to make exceptions to its general classification and compensation plan and (b) to hire and pay plaintiff at a rate less than the min *56 irrnrm salary…”
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