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JAMES v. EMPLOYMENT DIVISION

531 P.2d 710 (1975)

Kenneth D. JAMES, Respondent, v. EMPLOYMENT DIVISION, State of Oregon, Petitioner.

Court of Appeals of Oregon.

Decided February 10, 1975.

Rehearing Denied March 19, 1975.

Review Denied April 22, 1975.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for petitioner. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Alan K. Brickley, Portland, argued the cause for respondent. With him on the brief were Peterson, Susak & Peterson, P.C., Portland.

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

FOLEY, Judge.

The state Employment Division discharged employe Kenneth D. James, 58, as manager of the McMinnville, Oregon, employment office for "[m]isconduct, inefficiency, incompetence and other unfitness to render effective service * * * ORS 240.555." After a hearing before the Public Employe Relations Board (hereinafter PERB or Board) hearings officer, that officer recommended affirmance of the discharge. The PERB disagreed with the recommendation for discharge...

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