Oregon Liquor Control Commission v. Employment Relations Board

The Oregon Liquor Control Commission (OLCC) appeals from an Employment Relations Board (ERB) order setting aside OLCC’s dismissal of the respondent employee.1 ERB concluded that "[w]hile some discipline was in order” for the employee’s conduct, "no reasonable employer would have dismissed” him. We affirm.

OLCC relies on our holdings in Thompson v. Secretary of State, 19 Or App 74, 526 P2d 621, rev den (1974), and other cases,2 where we adopted the rule that ERB can reverse or modify an agency disciplinary action pursuant to ORS 240.560 only if it finds that "no reasonable employer” would have…