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OREGON LIQUOR CONTROL v. EMPLOYMENT RELATIONS

Nos. 961, 972; CA 18392.

628 P.2d 416 (1981)

52 Or.App. 247

OREGON LIQUOR CONTROL Commission, Petitioner, v. EMPLOYMENT RELATIONS Board and John W. Whiteaker, Respondent.

Court of Appeals of Oregon.

Decided May 18, 1981.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Daniel C. Ellis, Chairman, Employment Relations Board, Salem, waived appearance for respondent Employment Relations Board.

F. Peter DeLuca, Salem, argued the cause and filed the brief for respondent John W. Whiteaker.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

The Oregon Liquor Control Commission (OLCC) appeals from an Employment Relations Board (ERB) order setting aside OLCC's dismissal of the respondent employee.1 ERB concluded that "[w]hile some discipline was in order" for the employee's conduct, "no reasonable employer would have dismissed" him. We affirm.

OLCC relies on our holdings in Thompson v. Secretary of State, 19 Or.App. 74,

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