SMITH v. SCHOOL DIST. NO. 1, MULTNOMAH CTY.


578 P.2d 820 (1978)

34 Or.App. 435

Rodney R. SMITH, Respondent, v. SCHOOL DISTRICT NO. 1, Multnomah County, Oregon, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 20, 1978.


Attorney(s) appearing for the Case

Graham M. Hicks, Portland, argued the cause for appellant. With him on the brief was Mark C. McClanahan, Portland, and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Vincent G. Ierulli, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.


JOHNSON, Judge.

Plaintiff, an employee of defendant School District, served on active duty with the Oregon Air National Guard for three five-day periods, Monday through Friday, between March 1 and March 21, 1976. The School District paid plaintiff's wages for the eleven working days missed during the period between March 1 and March 15, but declined to pay him for the additional four missed working days between March 16 and March 21. Pursuant to the collective bargaining...

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