Court of Appeals of Oregon, 1979

Palmer v. Employment Division

Court of Appeals of Oregon · Decided July 16, 1979 · Buttler, Gillette, Joseph

41 Or. App. 113; 596 P.2d 1330; 1979 Ore. App. LEXIS 2757

Opinion of the Court

PER CURIAM

The issue here is whether petitioner was "* * * discharged for misconduct connected with his work * * V’1 ORS 657.176(2)(a).

Reversed and remanded for reconsideration in light of Oliver v. Employment Division, 40 Or App 487, 595 P2d 1252 (1979).

See Giese v. Employment Div., 27 Or App 929, 557 P2d 1354 (1976), rev den (1977).

Dissenting Opinion

JOSEPH, J.,

dissenting.

I do not believe that any agency policy making is a prerequisite for the Employment Appeals Board to-decide that it is "misconduct connected with his work” for a municipal employee to refuse to conform to a specific condition of employment that he live in the city. No value judgment is involved. See McPherson v. Employment Division, 285 Or 541, 550, 591 P2d 1381 (1979).

Buttler, J. and Gillette, J., join in this' dissent.

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