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Holbrook v. Employment Dept.

Summarized by: 

Date Filed: 06-06-2012
Case #: A147962
Haselton, C. J. for the Court; Duncan, P. J.; and Rasmussen, J.
Full Text Opinion: http://courts.oregon.gov/Publications/A147962A.pdf

Employment Law: Under ORS 183.470(2), an employment appeals board must support their decisions with findings and explain how the board reached a specific conclusion.

Employment Department (Employment) sought reconsideration after the Court of Appeals determined Opp v. Employment Dept., where the Court held that when an Employment Appeals Board (EAB) affirms an order of an ALJ without an opinion, the order does not meet the standards of ORS 183.470(2) and must be remanded for findings. However, in this case, EAB withdrew their original order before the decision in Opp and re-filed with factual findings explaining its conclusion. Therefore, Employment’s petition for reconsideration was accepted. As to the facts, the claimant was a security officer who had substantial points on her driving record. The employer created a work plan stating that if the employee was in another accident, she may be terminated. While off duty, employee incurred a subsequent traffic violation and she was terminated. The EAB determined that off-duty driving conduct was reasonably related to the security officer’s work because the employer insured its own employees. EAB’s determination was supported by substantial evidence and reason. Reconsideration allowed; former opinion withdrawn; affirmed.