The agency's decision was erroneous and void. It can s not be revived as it violates state law. We affirm the decision of the Wage and Hour Commission. Dated: February 7, 2000, Mr. David S. Gerson, Regional Director, Region 2, Oregon Division of Labor Standards and Statistics, David E. Gerson, Regional Director, Region 5, Portland, Oregon. Steven B. Boles, Senior Trial Attorney, Oregon Department of Justice, Portland, Oregon, for appellant. Richard O. K. Thomas, Deputy Attorney General, Oregon, Joseph J. Newcomb, Chief-Deputy Attorney General, Portland, Oregon; Thomas L. Brown, Jr., Deputy Attorney General, Jefferson County, Oregon; William J. Louisville Jr., Deputy Attorney General, Beaverton, Oregon; John A. Luck II, Assistant Attorney General, Lane County, Oregon, for respondent. Before THE FLORIDA COMMISSION ON SOCIAL SERVICES Judge G. M. LYNCH Ms. RONNIE LYNCH, Regional Chair. Judge G. M. LYNCH. Ms. LYNCH and the rest of the Commission are pleased to hear from the respondent. Thank you, Mr. Newcomb. You've presented a very important perspective on the way the process works. The question is: what should this process be. You, however, have come with the recommendation that your former employer, United States Postal Service, violate the law by denying employment to an employee, Joseph Newcomb, based on his refusal to offer unsuitable work as a substitute letter carrier. And that employee, Mr. Newcomb, in turn, has had to go through additional hurdles regarding the filing of a civil suit. But the underlying issue is this: is a postal office worker entitled to employment or not? And under the current law that is the question. So, if you are going to be the employer of an employee under Section 7 of the National Labor Relations Act, the employee, according to the Act, may not be refused employment on the pretext of being incompetent or because he refuses any offer of employment. But if your business does business, under the current law, through postal offices, it is free to employ or turn down any employee because of his or her beliefs, his or her religion, or his or her political and ideological views on a variety of different matters. So, there's a serious imbalance here.
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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of JOSEPH W. NEWCOMB and U.S. POSTAL SERVICE, POST OFFICE, Lake Oswego, Oreg. Docket No. 97-696; Submitted on the Record;
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The 97-0696doc - dol is a document used for reporting specific information related to employee benefit plans to the Department of Labor (DOL).
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