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HUMER v. LOCAL 3-12, IWA, AFL-CIO

No. 78-905 E; CA 16890.

621 P.2d 638 (1980)

49 Or.App. 985

John L. HUMER, Appellant, v. LOCAL 3-12, IWA, AFL-CIO, a Labor Union, and Weyerhaeuser Company, Timberlands, Klamath Falls, Oregon, a Corporation, Respondents.

Court of Appeals of Oregon.

Decided December 22, 1980.

Reconsideration Denied January 22, 1981.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause and submitted the briefs for appellant.

Rick W. Roll, Tillamook, argued the cause for respondent Local 3-12, IWA, AFL-CIO. On the brief was David R. Vandenberg, J., P.C., Klamath Falls.

Robert Trotman, Klamath Falls, argued the cause for respondent Weyerhaeuser Company. On the brief were Stanley C. Jones and Giacomini, Jones & Associates, Klamath Falls.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

Plaintiff filed this action to enforce certain seniority provisions in a working agreement between defendant union and defendant employer. Defendants answered and subsequently filed motions for summary judgment on the grounds that: (1) there is no material issue of fact, because plaintiff's complaint fails to set forth a cause of action under the working agreement, Article IX, Section G; and (2) that plaintiff has failed to exhaust his remedies through...

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