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ANDREWS v. EMPLOYMENT DEPT.

(98-AB-1938; CA A103761).

998 P.2d 769 (2000)

166 Or. App. 401

James P. ANDREWS, Petitioner, v. EMPLOYMENT DEPARTMENT and Jeld-Wen, a corporation, Respondents.

Court of Appeals of Oregon.

Decided April 5, 2000.

Attorney(s) appearing for the Case

Lee S. Werdell, Medford, argued the cause for petitioner. With him on the brief was Werdell & Hanson.

Kirk S. Peterson, Portland, argued the causefor respondent Jeld-Wen, Inc. With him on the brief were David J. Riewald and Bullard, Korshoj, Smith & Jernstedt.

Mary H. Williams, Assistant Solicitor General, waived appearance for respondent Employment Department.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

Claimant seeks review of a final order of the Employment Appeals Board (EAB) denying his claim for unemployment compensation benefits. Claimant argues that EAB erred, as a matter of law, in concluding that he was discharged pursuant to a reasonable drug testing policy adopted by employer and, further, in concluding that claimant's refusal to take a drug test on his own time, without compensation, constituted an act disqualifying him from eligibility for...

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