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ALLARD v. EMPLOYMENT DIV.

85-AB-1275; CA A37269.

719 P.2d 1325 (1986)

79 Or.App. 665

Susan K. ALLARD and 81 other claimants, Petitioners, v. EMPLOYMENT DIVISION and Simpson Timber Co., Respondents.

Court of Appeals of Oregon.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Michael T. Garone, Portland, argued the cause for petitioners. On brief was Jolles, Sokol & Bernstein, P.C., Portland.

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

Allan M. Muir, Portland, argued the cause for respondent Simpson Timber Co. With him on brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Claimants seek review of an Employment Appeals Board order which affirmed the referee's decision to reduce or deny unemployment benefits for the week of December 23-29, 1984, because of claimants' receipt of holiday pay for two days in that week.1 Holiday pay is ordinarily not considered as "earnings" in the determination of unemployment benefits.

"Payment which has been...

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