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HAMMER v. OREGON ST. PENITENTIARY, CORR. DIV.

543 P.2d 1094 (1975)

Jerry HAMMER, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, et al., Respondents.

Court of Appeals of Oregon.

Decided December 29, 1975.

Attorney(s) appearing for the Case

Henry H. Drummonds, Eugene, argued the cause for petitioner. With him on the brief were Kulongoski, Heid, Durham & Drummonds, Eugene.

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

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

FORT, Judge.

Petitioner was suspended and dismissed from his position as corrections officer at the Oregon State Penitentiary for chronic and excessive absenteeism on the ground that such conduct constituted "unfitness to render effective service" under ORS 240.555(1). Petitioner appeals from an order of the Public Employe Relations Board (PERB) affirming his dismissal. He was a classified employe under the State Merit System Law, ORS ch. 240.

Petitioner claims...

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