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PAYNE v. DEPARTMENT OF COMMERCE, BLDG. CODES

No. 1294; CA A24178.

656 P.2d 361 (1982)

61 Or.App. 165

Tommy G. PAYNE, Respondent, v. DEPARTMENT OF COMMERCE, Building Codes Division, Petitioner, Employment Relations Board, Respondent.

Court of Appeals of Oregon.

Decided December 29, 1982.

Reconsideration Granted March 30, 1983.

Attorney(s) appearing for the Case

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for petitioner. With her on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

David Allen Filer, Salem, argued the cause for respondent Tommy G. Payne. On the brief was Harold W. Adams, Salem.

J. Michael Alexander, Salem, argued the cause for respondent Employment Relations Bd. With him on the brief was Brown, Burt, Swanson, Lathen & Alexander, Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Petitioner seeks reversal of the Employment Relations Board's (ERB) invalidation of petitioner's dismissal of its employe, Payne.1 ERB based its decision on its conclusion that petitioner's pre-termination notice to Payne violated a state personnel rule, Rule 81-605, and that that violation invalidated Payne's subsequent dismissal. Petitioner contends that ERB erred in three respects: (1) the pre-termination...

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