Eugene Water and Electric Board v. PERBAnnotate this Case
Initially, respondent John Wigle worked for petitioner Eugene Water and Electric Board (EWEB) as a temporary worker through a temporary staffing agency. EWEB later hired Wigle as a regular employee. When Wigle retired from EWEB, a disputed ensued over when Wigle had become eligible for retirement benefits from the Public Employees Retirement System. The Public Employees Retirement Board concluded that even though Wigle worked through the temp agency, he was eligible for retirement benefits because he had worked for EWEB for six months. The Court of Appeals affirmed the Board’s order, rejecting EWEB’s contention that Wigle only because eligible for benefits once he became an regular employee. The Oregon Supreme Court determined the Oregon Legislature did not intend for employees who was placed on the government’s payroll would be eligible for benefits, “not someone who, in hindsight, was determined to have a common-law employment relationship with the public employer.” The Supreme Court reversed the appellate court’s order and remanded to the Board for further proceedings.