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EMBRY v. PAC. STATIONERY AND PRINTING CO.

No. A8103-01766; CA A23323.

659 P.2d 436 (1983)

62 Or.App. 113

Bobby Lee EMBRY, Appellant, v. PACIFIC STATIONERY AND PRINTING COMPANY, an Oregon Corporation, Respondent, and Bernard Reichel, Defendant.

Court of Appeals of Oregon.

Decided March 2, 1983.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause for appellant. With him on the briefs were Rosenthal & Greene, P.C., Portland.

John S. Watts, Portland, argued the cause for respondent. With him on the brief was Watts & Watts, Portland.

Before RICHARDSON, P.J., THORNTON, Senior Judge, and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

In this action for wrongful discharge, plaintiff appeals from a judgment on the pleadings in favor of his former employer. The issue is whether an employe may sue in tort when he is covered by a collective bargaining agreement that includes a grievance procedure and he has not exhausted that remedy.

Plaintiff filed a complaint for wrongful discharge against Pacific Stationery and its employe Reichel.1 He alleged...

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