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GLIDE LUMBER PROD. v. EMP. DIV.

86-AB-1319; CA A41933.

741 P.2d 904 (1987)

87 Or.App. 152

GLIDE LUMBER PRODUCTS CO., Petitioner, v. EMPLOYMENT DIVISION AND ROBERT A. COATS, Respondents.

Court of Appeals of Oregon.

Decided September 2, 1987.

Attorney(s) appearing for the Case

Galen L. Bland, Portland, argued the cause and filed the brief for petitioner.

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondent Employment Div. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Martin J. McKeown, Eugene, waived appearance for respondent Robert A. Coats.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Employer petitions for review of EAB's order allowing unemployment benefits to claimant. The referee found, in a decision which EAB adopted, that claimant voluntarily quit his job rather than submit to a drug test which employer required as part of a general policy proscribing the use of controlled substances by employes. The factual background is essentially identical to that in Glide Lumber Prod. Co. v. Emp. Div. (Smith),

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