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WHITNEY v. EMP. DIV., DEPT. OF HUMAN RES.

569 P.2d 1078 (1977)

280 Or. 35

George WHITNEY, Petitioner, v. EMPLOYMENT DIVISION, Department of Human Resources, Respondent.

Supreme Court of Oregon, In Banc.

Decided October 4, 1977.

Attorney(s) appearing for the Case

Ronald L. Gould of McNutt, Gant & Ormsbee, Coos Bay, argued the cause and filed the brief for petitioner. On the petition with him was Craig Oswald West of McNutt, Gant & Ormsbee, Coos Bay.

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

TONGUE, Justice.

Petitioner, an employee of the respondent, was discharged by it for misconduct and insubordination in refusing to obey an order not to attend a union meeting for the reason that he had been classified by it as a "supervisory employee." He appealed to the Employment Relations Board (ERB), which affirmed the dismissal. He then appealed to the Court of Appeals, which dismissed that appeal upon the ground that petitioner was "properly discharged" because...

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