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WEST FOODS, INC. v. MORGAN

519 P.2d 1062 (1974)

WEST FOODS, INC., Petitioner, v. Ross MORGAN, Administrator, Employment Division, and Arthur Orr, Respondents.

Court of Appeals of Oregon.

Decided March 11, 1974.

Rehearing Denied April 16, 1974.

Review Denied April 30, 1974.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for petitioner. With him on the brief were Cake, Hardy, Buttler, McEwen & Weiss, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent Ross Morgan. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Charles N. Hilke, Marion-Polk Legal Aid Service, Inc., Salem, argued the cause for respondent Arthur Orr. With him on the brief was Victor C. Pagel, Director, Marion-Polk Legal Aid Service, Inc., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

THORNTON, Judge.

This case involves a dispute as to the construction to be placed upon a provision of our unemployment compensation law exempting "agricultural labor." ORS 657.045.

Petitioner employer, West Foods, Inc., (West), appeals from a decision of the Employment Appeals Board upholding an award of unemployment benefits. The Appeals Board held that the claimant employe was not engaged in "agricultural labor," and was therefore entitled to benefits based...

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