OREGON BANKERS v. BUREAU OF LABOR & IND.

CA A50241.

796 P.2d 366 (1990)

102 Or.App. 539

OREGON BANKERS Association; Associated Oregon Industries, Inc.; Oregon Retail Council; Oregon Credit Union League; National Federation of Independent Business; Oregon League of Financial Institutions; State Chartered Banks of Oregon, Petitioners, v. STATE OF OREGON, Acting by and through the BUREAU OF LABOR and Industries, Respondent, Department of Justice, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided July 25, 1990.


Attorney(s) appearing for the Case

James L. Murch, Salem, argued the cause for petitioners. On the brief were John A. Bryan and Sherman, Bryan, Sherman, Murch & Knapp, Salem.

Timothy J. Vanagas, Gresham, argued the cause for respondent. On the brief were Jennings & Vanagas, Gresham, and Lawrence Evans, Michael S. Evans and Grenley, Rotenberg, Laskowski, Evans & Bragg, P.C., Portland.

Jerome Lidz, Asst. Atty. Gen., Salem, argued the cause for intervenor-respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Ralph E. Wiser III, Elizabeth McKanna, John S. Bishop II and Durham, Smith, Wiser & Gamson, Portland, filed a brief amicus curiae for Oregon Educ. Ass'n and Oregon AFL-CIO.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

Petitioners1 challenge the validity of three administrative rules adopted after enactment of the Parental Leave Law (the statute) in 1987.2 We uphold the validity of two of the challenged rules but conclude that one is invalid in part.

The statute mandates unpaid parental leave for up to 12 weeks after the birth of an employee's3 infant. ORS 659.360(1); ORS...

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