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SMITH v. EMPLOYMENT DIVISION, ETC.

No. C-64-77; CA 11685.

589 P.2d 1184 (1979)

38 Or.App. 241

William SMITH, Petitioner, v. EMPLOYMENT DIVISION BY AND THROUGH RAYMOND P. THORNE, Bob Keilbach, Leonard Sytsma, Gary Weber, Quentin Rowland and Robert McCain, Respondents.

Court of Appeals of Oregon.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Bromleigh S. Lamb, Salem, argued the cause and filed the brief for petitioner.

Kathryn A. Logan, Asst. Atty. Gen., Salem, argued the cause for respondents. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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

GILLETTE, Judge.

This is a petition for judicial review of an order of the Employment Relations Board (ERB). ERB denied petitioner's unfair labor practice complaint which alleged harassment by his employer, the Employment Division (Division), in retaliation for his filing of a grievance. Specifically, petitioner challenges ERB's refusal to consider evidence concerning any Division conduct occurring prior to the 180-day period immediately preceding his filing of the...

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