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GLIDE LUMBER PRODUCTS CO. v. EMP. DIV.

86-AB-1309; CA A41932.

741 P.2d 907 (1987)

86 Or.App. 669

GLIDE LUMBER PRODUCTS CO., Petitioner, v. EMPLOYMENT DIVISION AND GREGORY L. SMITH, Respondents.

Court of Appeals of Oregon.

Decided August 5, 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.

Dwayne Murray, Eugene, argued the cause for respondent Gregory L. Smith. On the brief were Roger Ousey, and Bischoff & Strooband, P.C., Eugene.

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

RICHARDSON, Presiding Judge.

Employer seeks review of EAB's award of unemployment benefits to claimant, whom employer discharged after he tested positive for marijuana in a random drug test required by employer. The issue is whether an employe's off-duty use of a controlled substance, in violation of his employer's written rules, is "misconduct connected with work," ORS 657.176(2)(a), when there is no evidence of on-the-job intoxication or impairment resulting from...

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