DocketNumber: ERB No. 476, CA 8115
Citation Numbers: 31 Or. App. 769, 571 P.2d 154
Judges: Johnson, Lee, Schwab
Filed Date: 11/21/1977
Status: Precedential
Modified Date: 7/23/2022
Petitioner appeals from a decision of the Employment Relations Board (Board) upholding his dismissal for insubordination. ORS 240.555(1).
In February, 1975, petitioner accepted a position as "Field Representative” for the State Manpower Planning Division (Division) of the Executive Department. In April, 1976, petitioner, who was stationed in Redmond, Oregon, was informed that he was being transferred to Salem as part of a reorganization of the Division. Petitioner was told that in Salem his working title would be "Manpower Analyst” and he would devote less time to field representative work and would have certain additional grant writing responsibilities which had not been part of his former duties. On May 5, 1976, petitioner advised the director of the Division that he would not accept the position in Salem and requested termination of his services as "Field Representative” but he refused to resign. The director then gave petitioner notice of his transfer pursuant to Personnel Division Rule 46-600.
Petitioner contends that the position of "Field Representative” was abolished and he was being transferred to a "new position” so he was not obliged to accept the transfer. Respondent contends that petitioner was subject to a geographic transfer to essentially the same position with a new title. The Board found that the "Field Representative” positions were not abolished.
Petitioner also contends that the Division did not have authority to order a geographic transfer to a new position. This issue is resolved by the fact that we have found that petitioner was not transferred to a new position. Furthermore, the Division clearly had the authority under ORS 240.535
"* * * a group of positions * * * sufficiently alike in duties, authority and responsibilities that the same qualifications may reasonably be required for, and the same schedule of pay can be equitably applied to, all positions in the group.” ORS 240.015(2).
Affirmed.
ORS 240.555(1) provides:
"The division shall establish by rule a procedure in accordance with this chapter whereby the appointing authority in any division of the service may suspend, reduce, demote or dismiss an employe thereof for * * * insubordination * * *.”
Personnel Division Rule 46-600 provides as follows:
"Appointing authorities shall give an employe 45 days notice of a geographic transfer if the transfer is being made without the consent of the employe.”
ORS 183.482(8)(d) provides:
"The court may affirm, reverse or remand the order. The court shall reverse or remand the order only if it finds:
"The order is not supported by substantial evidence in the whole record.”
ORS 240.535 provides:
"An appointing authority may at any time assign an employe from one position to another position in the same class or rank in his division of the service. * * *”