How to Find a Specific Case
1. If you know the case name, but don’t know the volume of BOLI Orders in which it appears, you can find the case citation, which includes the BOLI Orders volume, by clicking on the link to the Index to BOLI Final Orders, in which every Final Order published in the BOLI Orders is listed alphabetically by Respondent name and its accompanying citation. For example, “Auto Quencher, 13 BOLI 14 (1994).” If the case is recent, it may not yet be published in a volume of BOLI Orders. To find it, go to Recent BOLI Final Orders.
2. If you know the citation, you can find the case by clicking on the link to the cited BOLI Order. In the Auto Quencher
case, the link would be 13 BOLI Orders
3. If you don’t know the case name or citation, but know the legal issue involved in the case, you can still find your case by linking to the Digest and scrolling through the case summaries listed under that issue. For example, suppose you are looking for an older civil rights case in which a complainant’s back pay award was cut off when she accepted a job with the same hourly rate of pay, but higher tips than she earned with respondent. Click on the link Civil Rights (Table of Contents)
in the Digest to BOLI Orders vols. 1-28, then click on and search in the Table of Contents for “Back Pay,” which you will find numbered as “101.0.” Under “101.0 – Back Pay,” you will find the subheading “101.2 – Calculation,” and under that “101.2.3 – Duration.” Click on Civil Rights
in the Digest to BOLI Orders vols. 1-28, and go to “101.2.3 – Duration.” If you scroll down, you will eventually find a reference to your case in a summary with the following text:
Complainant’s lost back wages were calculated at her regular hourly rate of pay, plus tips, between the time of her unlawful discharge and the date of hearing, less interim earnings. ----- In the Matter of Vision Graphics and Publishing, Inc., 16 BOLI 124, 131-32 (1997).
If you know more specific information about your case, the search becomes easier. For example, suppose you have heard of a 2009 Civil Rights case in which the Commissioner awarded $125,000 in mental suffering damages. Click on the link to Civil Rights
in the Digest to BOLI Orders vols. 29-31 and do an Edit/Find search for “$125,000”. By doing that, you will find the following summary:
When the evidence established that complainant was employed by respondent and sexually harassed at her first professional job, fired in retaliation for complaining about the harassment, suffered serious emotional distress that required medical consultation and treatment, had to move out of her apartment, and was portrayed by her harasser in the media, on the internet, to the police, and to her harasser’s internet rival as sexually promiscuous, a sexual blackmailer, and a criminal over the 17-month period following her discharge, the forum awarded $125,000 to compensate Complainant for her mental and emotional suffering. ----- In the Matter of From the Wilderness, Inc., 30 BOLI 227, 293 (2009).
How to Search by Legal Issue
As a general rule, when looking for BOLI case law on a specific legal issue, search the most recent Digest first, and then work backwards. For ease of explanation, the examples below are all found in the Digest to BOLI Orders vols. 1-28.
Suppose you want to find out how the BOLI Commissioner has interpreted OAR 839-050-0210, BOLI’s administrative rule requiring the participants in a hearing to submit case summaries by a specified date prior to a scheduled hearing. Since this relates to a procedural issue, you would click on the link to Administrative Process
. Once there, you can determine whether or not there is a reference to the case summary requirement by either scrolling through the Table of Contents or conducting a search using Adobe Reader.
If you scroll through the first page of the Table of Contents, you will find “Case Summaries” listed as a subtopic under the topic of “DISCOVERY,” as shown below:
1.0 JURISDICTION (see also Ch. III, sec. 91.0)
2.0 COMMISSIONER, ADMINISTRATIVE LAW JUDGE
2.1 --- Duties and Authority
2.1.1 -------- In General
2.1.2 -------- Threats and Dangerous Weapons
2.2 --- Conflict of Interest, Bias, Prejudice
2.3 --- Ex Parte Communications
* * * * *
15.0 SUMMARY JUDGMENT
* * * * *
19.1 --- In General
19.2 --- Documents
19.3 --- Interrogatories
19.4 --- Requests for Admissions
19.5 --- Depositions
19.6 --- Public Records
19.7 --- Failure to Produce
19.8 --- Subpoenas
19.9 --- Case Summaries
19.10 --- Medical Records (see also 14.8)
From there, you can scroll to page 76 of “Administrative Process,” where you will find 32 entries that begin as follows:
19.9 --- Case Summaries
At the outset of hearing, respondent moved to add the exhibits originally attached to R-19, the agency’s investigative report submitted with respondent’s case summary, as exhibit R-20. Respondent’s counsel represented that the added documents had been provided to respondent by the agency. The agency did not object to adding R-20 to respondent’s case summary, reserving the right to object to the admission of the documents. The ALJ also ruled that if respondent wanted to question the author of the investigative report about the documents respondent was responsible for providing her with copies of those documents. ----- In the Matter of Labor Ready Northwest, Inc., 27 BOLI 83, 91 (2005).
Six days before the hearing, respondent’s counsel filed a letter stating that Tim Adams, respondent’s general counsel, who was listed by respondent as a witness on respondent’s case summary, was unable to attend the hearing and that respondent would be represented at the hearing by “Corporate Counsel Aaron Roblan.” The letter also stated that it was respondent’s intent to have Roblan testify in place of Adams. At the outset of hearing, respondent moved to substitute Roblan’s name for that of Adams as a witness in respondent’s case summary. The ALJ granted respondent’s motion, on the condition that Adams would not be allowed to testify at the hearing. Respondent did not subsequently call Adams as a witness at the hearing. ----- In the Matter of Labor Ready Northwest, Inc., 27 BOLI 83, 91 (2005).
When the ALJ ordered additional discovery two weeks before the date set for hearing, the ALJ also ordered that both sides could submit addendums to their case summaries related to responses to interrogatories or any additional evidence provided by the agency to respondent as a result of the ALJ’s discovery order. ----- In the Matter of Logan International, Ltd., 26 BOLI 254, 257-58 (2005).
After the agency’s opening statement, respondent stated that he wanted to call the agency case presenter as a witness. The ALJ denied the motion on the basis that respondents had not submitted a case summary. ----- In the Matter of Orion Driftboat and Watercraft Company, LLC, 26 BOLI 137, 142 (2005).
Conducting a search using Adobe Reader will ultimately lead to the same result and is done as follows:
After clicking on the Administrative Process
link, click on “Edit
” in the menu bar, then on “Find
” in the drop-down menu that appears. Type in “Case Summaries
” in the window that appears in the upper right hand corner of the document, then click on the “▼
” arrow and “Find Next in Current PDF
” in the drop-down menu that appears. You will immediately be taken to:
19.9 --- Case Summaries
By continuing to click on the “▼” arrow and “Find Next in Current PDF,” you will eventually end up at page 76 and the 32 entries under “19.9 Case Summaries” referred to earlier.
Finding Cited Oregon Revised Statutes
: All Oregon Revised Statutes (ORS) that BOLI has jurisdiction to enforce or that otherwise relate to BOLI’s mission can be found by clicking on Oregon Revised Statutes
Finding Cited BOLI Administrative Rules
: All of BOLI’s Administrative Rules can be found by clicking on Oregon Administrative Rules
or on "Current Administrative Rules" in the menu found on the left side of this page.
Finding Appellate Decisions of BOLI Final Orders
: BOLI Final Orders may first be appealed to the Oregon Court of Appeals, then the Oregon Supreme Court. Appellate decisions of BOLI Final Orders can be accessed by finding the appellate citation in the Index of BOLI Final Orders, then visiting the Oregon Judicial Department’s website at http://www.publications.ojd.state.or.us