Public Welfare Division v. Brown

Court of Appeals of Oregon

Public Welfare Division v. Brown

560 P.2d 311, 28 Or. App. 729, 1977 Ore. App. LEXIS 2710

CourtCourt of Appeals of Oregon

DecidedFebruary 28, 1977

DocketCA 5311

StatusPublished

This text of 560 P.2d 311 (Public Welfare Division v. Brown) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Public Welfare Division v. Brown, 560 P.2d 311, 28 Or. App. 729, 1977 Ore. App. LEXIS 2710 (Or. Ct. App. 1977).

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Opinion

PER CURIAM.

In this public employe discharge case, the employe in effect contends, on cross-appeal from the Employment Relation Board’s decision, that he was denied his right to the pre-termination procedures required by Tupper v. Fairview Hospital, 276 Or 657, 556 P2d 1340 (1976). In response, it is argued the record establishes to the contrary.

We have examined the record and find it inconclusive. Moreover, since the ERB hearing in this case was conducted before the Supreme Court’s decision in Tupper, it is possible that the parties did not present all available evidence about what pre-termination procedures were followed.

Reversed and remanded for further proceedings consistent with Tupper and this opinion.

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PER CURIAM.

In this public employe discharge case, the employe in effect contends, on cross-appeal from the Employment Relation Board’s decision, that he was denied his right to the pre-termination procedures required by Tupper v. Fairview Hospital, 276 Or 657, 556 P2d 1340 (1976). In response, it is argued the record establishes to the contrary.

We have examined the record and find it inconclusive. Moreover, since the ERB hearing in this case was conducted before the Supreme Court’s decision in Tupper, it is possible that the parties did not present all available evidence about what pre-termination procedures were followed.

Reversed and remanded for further proceedings consistent with Tupper and this opinion.

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Bluebook (online)

560 P.2d 311, 28 Or. App. 729, 1977 Ore. App. LEXIS 2710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-welfare-division-v-brown-orctapp-1977.

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