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OSCI v. BUREAU OF LABOR AND INDUSTRIES

19-84; CA A49649.

780 P.2d 743 (1989)

98 Or.App. 548

OREGON STATE CORRECTIONAL INSTITUTION, Corrections Division, Department of Human Resources, State of Oregon, Petitioner, v. BUREAU OF LABOR AND INDUSTRIES, and Keith Green, Respondents.

Court of Appeals of Oregon.

Decided September 27, 1989.

Reconsideration Denied November 10, 1989.

Review Denied December 28, 1989.

Attorney(s) appearing for the Case

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for petitioner. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Paul J. De Muniz, Salem, argued the cause for respondents. With him on the brief was Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

GRABER, Presiding Judge.

Oregon State Correctional Institution (OSCI) seeks review of a final order of the Commissioner of the Bureau of Labor and Industries in which the Commissioner found that OSCI had committed an unlawful employment practice in violation of ORS 659.425 when it refused to hire Green as a correctional officer. The issues are whether the Commissioner correctly interpreted ORS 659.425(1)(c) and whether she properly required OSCI to prove its affirmative...

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