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JOHNSON v. EMPLOYMENT DIVISION

No. 83-AB-1008; CA A28432.

680 P.2d 386 (1984)

67 Or.App. 710

Robert E. JOHNSON, Terry Anderson, Shannon Atkinson, Kelly Carroll, Gerald Danielson, Paul Frank, Doris Hassing, John Nilsen, and Carl Reddick, Petitioners, v. EMPLOYMENT DIVISION and State of Oregon, Corrections Division, Respondents.

Court of Appeals of Oregon.

April 18, 1984.

Attorney(s) appearing for the Case

Wendy L. Greenwald, Eugene, argued the cause for petitioners. With her on the briefs was Kulongoski, Heid, Durham & Drummonds, Eugene.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

JOSEPH, Chief Judge.

Petitioners seek review of an Employment Appeals Board order holding that they are subject to recoupment of their unemployment benefits. We reverse.

Petitioners, nine parole and probation officers employed by the Corrections Division (Division), were laid off for a two-week period. They applied for unemployment benefits, disclosing to the Employment Division their layoff status and that their union had filed a grievance over the layoffs...

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