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Or. Rev. Stat. § 657.195

Suitable work; exceptions

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      657.195 Suitable work; exceptions. (1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

      (a) If the position offered is vacant due directly to a strike, lockout or other labor dispute.

      (b) If the remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

      (c) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

      (2) On and after November 8, 1938, and for the purposes of this chapter only, this section shall have the same meaning as the provisions of section 3304(a)(5) of the Internal Revenue Code. [Amended by 1973 c.300 §5; 2007 c.614 §19]

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1961–2022 · leading case: Barrier v. Employment Division
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Barrier v. Employment Division (1977) orctapp · cites it 5× “200 must be interpreted in light of ORS 657.195: "(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the…”
Vail v. EMP. DIV. OF DEPT. OF HUMAN RESOURCES (1977) orctapp · cites it 3× “” ORS 657.195(l)(b) provides: "(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:…”
Henzel v. Cameron (1961) or “"While the term “lockout” is not specifically defined in the Oregon statutes, ORS 657.195 provides that benefits under the Unemployment Compensation Act shall not be denied any individual, otherwise eligible, who refuses to accept new work “(a) If the position offered is vacant…”
Martinez v. Employment Division (1981) orctapp · cites it 2× “” ORS 657.195 lists certain exceptions, not relevant to the case before us, to what might otherwise be suitable work.”
Cropley v. Employment Division (1985) orctapp · cites it 4× “" OAR 471-30-097 provides: "The term `labor dispute' as used in the Employment Division law means any concerted or deliberate action by two or more individuals or by an employing unit resulting in either a strike or lockout in which wages, hours, working conditions or terms of…”
Klumb v. Employment Division (1993) orctapp “176(2)(e), and for the purposes of ORS 657.195(l)(b), if inadequate rate of pay was one of the reasons for refusing to accept new work, the work is unsuitable if the rate of pay is ‘substantially less favorable’ than that generally prevailing for similar work in the locality.”
Cret v. Employment Department (1997) orctapp · cites it 15× “ORS 657.195 provides in part, ‘benefits shall not be denied under this chapter and ORS chapter 657A to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) if the position offered is vacant due directly to a strike,…”
Cascade Steel Rolling Mills, Inc. v. Employment Division (1976) orctapp “190 and the exceptions under ORS 657.195, rule that a claimant did not have good cause for refusal if he has had six weeks or more to seek out work in his customary and usual occupation.”
Jones v. Employment Division (1977) orctapp “” ORS 657.195(l)(b) provides: "(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions: * *…”
Gredvig v. Employment Division (1976) orctapp “190 and the exceptions under ORS 657.195, rule that a claimant did not have good cause for refusal if he has had six weeks or more to seek out work in his customary and usual occupation.”
Lechner v. Employment Department (1995) orctapp · cites it 5× “ORS 657.195(1)(b) allows a claimant to refuse an offer of new work and to retain unemployment compensation benefits “[i]f the remuneration, hours or other conditions of the work offered are substantially less favorable * * * than those prevailing for similar work in the locality.”
Fajardo v. Employment Division (1975) orctapp · cites it 2× “) In addition, ORS 657.195 states: “(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following…”
Show all 16 citing cases →
— Or. Rev. Stat. § 657.195(1) — 3 cases
Barrier v. Employment Division (1977) orctapp “200 must be interpreted in light of ORS 657.195: "(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the…”
Cret v. Employment Department (1997) orctapp “ORS 657.195 provides in part, ‘benefits shall not be denied under this chapter and ORS chapter 657A to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) if the position offered is vacant due directly to a strike,…”
Foy Martin Sheet Metal v. Employment Division (1986) orctapp
— Or. Rev. Stat. § 657.195(1)(a) — 1 case
Barrier v. Employment Division (1977) orctapp “200 must be interpreted in light of ORS 657.195: "(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the…”
— Or. Rev. Stat. § 657.195(1)(b) — 2 cases
Lechner v. Employment Department (1995) orctapp “ORS 657.195(1)(b) allows a claimant to refuse an offer of new work and to retain unemployment compensation benefits “[i]f the remuneration, hours or other conditions of the work offered are substantially less favorable * * * than those prevailing for similar work in the locality.”
Employment Division v. Asher (1987) orctapp
— Or. Rev. Stat. § 657.195(2) — 1 case
Barrier v. Employment Division (1977) orctapp “200 must be interpreted in light of ORS 657.195: "(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the…”
— Or. Rev. Stat. § 657.195(b) — 1 case
Lechner v. Employment Department (1995) orctapp “ORS 657.195(1)(b) allows a claimant to refuse an offer of new work and to retain unemployment compensation benefits “[i]f the remuneration, hours or other conditions of the work offered are substantially less favorable * * * than those prevailing for similar work in the locality.”
— Or. Rev. Stat. § 657.195(l)(a) — 1 case
Cret v. Employment Department (1997) orctapp “ORS 657.195 provides in part, ‘benefits shall not be denied under this chapter and ORS chapter 657A to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) if the position offered is vacant due directly to a strike,…”
— Or. Rev. Stat. § 657.195(l)(b) — 4 cases
Vail v. EMP. DIV. OF DEPT. OF HUMAN RESOURCES (1977) orctapp “” ORS 657.195(l)(b) provides: "(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:…”
Klumb v. Employment Division (1993) orctapp “176(2)(e), and for the purposes of ORS 657.195(l)(b), if inadequate rate of pay was one of the reasons for refusing to accept new work, the work is unsuitable if the rate of pay is ‘substantially less favorable’ than that generally prevailing for similar work in the locality.”
Jones v. Employment Division (1977) orctapp “” ORS 657.195(l)(b) provides: "(1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions: * *…”
Employment Division v. Asher (1987) orctapp
— Or. Rev. Stat. § 657.195(l)(c) — 1 case
Foy Martin Sheet Metal v. Employment Division (1986) orctapp
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