2017 ORS 236.630¹
Authority of new employer over transferred employee

A public employer who receives a transferred public employee under ORS 236.610 (Rights of employee when duties assumed by different public employer) (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 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review).

(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

“Transferring employee” does not include public school teachers. Davis v. Wasco IED, 286 Or 261, 593 P2d 1152 (1979)

Notes of Decisions

The specific terms of ORS 342.120 (Definitions for chapter) et seq., relating to teachers, controlled over the general terms of these sec­tions, so these sec­tions did not guarantee reten­tion of permanent teacher status by a teacher who transferred from a school district to an Intermediate Educa­tion District. Davis v. Wasco IED, 286 Or 261, 593 P2d 1152 (1979)

Atty. Gen. Opinions

Retire­ment contribu­tions by Depart­ment of Environ­mental Quality to Multnomah County Retire­ment System for Columbia-Willamette Air Pollu­tion Authority, (1973) Vol 36, p 746; effect of transfer of Alcohol Safety Ac­tion Program and Comprehensive Op­tions for Drug Abusers from state opera­tion to Multnomah County, (1978) Vol 38, p 2079; entitle­ment of Correc­tions Division employe, transferred from state to county employ­ment under Community Correc­tions Act program contract, to continued participa­tion in PERS and to return to state employ­ment at contract termina­tion, (1978) Vol 39, p 357; status of employes performing duties under Comprehensive Employ­ment and Training Act program following transfer to consortium of twenty-two Oregon counties, (1981) Vol 42, p 1

1 Legislative Counsel Committee, CHAPTER 236—Eligibility; Resignations, Removals and Vacancies; Discipline; Transfers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors236.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 236, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano236.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.