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BERGUN v. EMPLOYMENT DIV.

85-AB-1175; CA A37213.

726 P.2d 1202 (1986)

81 Or. App. 580

E.C. BERGUN, B.M. Bishop, C.L. Bobb, Daniel L. Burman, A.J. Cruickshank, L.P. Ezell, C.A. Glass, J.E. Hadley, Linda J. Hasslen, Michael D. Henderson, M.R. James, C.L. Jensen, M.E. Johnson, L.L. Lockwood, B.J. Madison, E.D. Mercier, R.N. Mercier, Terry L. Mooney, Peggy S. Munch, A.V. Naslund, N.L. Paredez, E.M. Paterson, Betty E. Schmitz, B.J. Schmitz, S.A. Steber, L.C. Strouse, Ernest E. Turnidge, Alice F. Turvey, Barry L. Wilson, Petitioners, v. EMPLOYMENT DIVISION and Boise Cascade Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 15, 1986.

Attorney(s) appearing for the Case

Sharon Stevens, Salem, argued the cause and filed the brief for petitioners.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent Employment Div. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Paul J. De Muniz, Salem, argued the cause for respondent Boise Cascade Corp., With him on the brief was Garrett, Seideman, Hemann, Robertson & De Muniz, Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Claimants seek review of an Employment Appeals Board order affirming and adopting a hearings referee's order which denied claimants unemployment benefits under the provisions of ORS 657.150(9)(b). We reverse and remand.

All claimants were employes of Boise Cascade's Willamina plant. The basic issue before the referee and the Board was whether vacation pay received by claimants for the time when the plant was shut down during the weeks...

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