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STANLEY v. EMPLOYMENT DIVISION

Nos. 79 AB 81, 78 S 1740; CA 14056.

607 P.2d 1195 (1979)

43 Or.App. 905

D.E. STANLEY, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents. Melvin J. Morey, Petitioner, v. EMPLOYMENT DIVISION AND TELEDYNE WAH CHANG, Respondent. Darrell I. Nelson, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents. Lowell L. Hoesing, Petitioner, v. EMPLOYMENT DIVISION AND TELEDYNE WAH CHANG, Respondents. Max W. Taft, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents. Terry J. Broadwell, Petitioner, v. EMPLOYMENT DIVISION AND TELEDYNE WAH CHANG, Respondents. James C. Griswold, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents. Raymond F. Peacock, Petitioner, v. EMPLOYMENT DIVISION AND TELEDYNE WAH CHANG, Respondents. David R. Estabrook, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents. William S. Hoskins, Petitioner, v. EMPLOYMENT DIVISION AND TELEDYNE WAH CHANG, Respondents. Elton R. Beaty, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents. Phillip E. Mitchell, Petitioner, v. EMPLOYMENT DIVISION AND TELEDYNE WAH CHANG, Respondents. Henry C. Becker, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents. Frank Melcher, Petitioner, v. EMPLOYMENT DIVISION AND TELEDYNE WAH CHANG, Respondents. Robert O. Boucher, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents. Richard B. Lovrien, Petitioner, v. EMPLOYMENT DIVISION AND TELEDYNE WAH CHANG, Respondents. Donald L. Wallace, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents. Kenneth A. Kohlnhofer, Petitioner, v. EMPLOYMENT DIVISION AND TELEDYNE WAH CHANG, Respondents. Lonnie A. Rush, Petitioner, v. EMPLOYMENT DIVISION and Teledyne Wah Chang, Respondents.

Court of Appeals of Oregon.

Decided December 31, 1979.

Attorney(s) appearing for the Case

Charles S. Tauman, Portland, argued the cause for petitioners. With him on the brief were Robert A. Bennett and Willner, Bennett, Bobbitt & Hartman, Portland.

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and James C. Rhodes, Asst. Atty. Gen., Salem, waived appearance for respondent Employment Division.

Richard C. Hunt, Portland, argued the cause for respondent Teledyne Wah Chang. With him on the brief was Spears, Labersky, Campbell & Bledsoe, Portland.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

THORNTON, Judge.

This is an appeal from an order of the Employment Appeals Board (board) holding claimants ineligible to receive unemployment benefits on the grounds that during a general plant shutdown, claimants had elected to take vacation during that period and received vacation pay.1

In early 1978, the employer determined a need, owing largely to a decreased demand for its products, to shut down its operation for approximately...

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