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MARVIN WOOD PRODUCTS v. EMPLOYMENT DEPT.

(997-AB-2271; CA A100425)

981 P.2d 380 (1999)

160 Or. App. 373

MARVIN WOOD PRODUCTS, Petitioner, v. EMPLOYMENT DEPARTMENT and Ronald R. Buxton, Respondents.

Court of Appeals of Oregon.

Decided May 12, 1999.

Attorney(s) appearing for the Case

Vera Langer, Portland, argued the cause for petitioner. With her on the brief was Scheminske, Lyons & Bussman, LLP.

Jas. Adams, Assistant Attorney General, argued the cause for respondent Employment Department. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and WOLLHEIM, Judge, and ROSSMAN, Senior Judge.

WOLLHEIM, J.

Employer seeks review of an Employment Appeals Board (EAB) decision granting claimant unemployment benefits. The EAB concluded that claimant did not commit a disqualifying act under ORS 657.176(9)(a).1 We reverse and remand.

Claimant worked as a machine operator for employer. After personnel problems arose with claimant, employer offered claimant the option of signing a last chance agreement or face immediate discharge...

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