PORTLAND HILTON v. EMPLOYMENT DIVISION


536 P.2d 1270 (1975)

The PORTLAND HILTON, Petitioner, v. EMPLOYMENT DIVISION et al., Respondents.

Court of Appeals of Oregon.

Decided June 23, 1975.


Attorney(s) appearing for the Case

Richard C. Hunt, Portland, argued the cause for petitioner. With him on the brief were William F. Lubersky and Dezendorf, Spears, Lubersky & Campbell, Portland.

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

No appearance by respondent French.

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


FOLEY, Judge.

The only issue in this review of the Employment Appeals Board's decision is whether the claimant was discharged for misconduct in connection with his work. The misconduct charged was coming to work with the odor of alcohol on his breath, which was a violation of his employment rules. There was a conflict in the evidence as to whether there was an odor of alcohol on claimant's breath. Claimant denied he had been drinking at all, even the night before...

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