ALDRICH v. EMPLOYMENT DIVISION, 72 Or. App. 176 (1985)

694 P.2d 1029

ALDRICH et al, Petitioners, v. EMPLOYMENT DIVISION et al, Respondents.

83-AB-1580; CA A29512Oregon Court of Appeals.Argued and submitted May 4, 1984
Reversed and remanded for reconsideration February 6, 1985 Reconsideration denied June 7, 1985 Petition for review denied July 23, 1985 (299 Or. 522)

Judicial Review from Employment Appeals Board.

Donald S. Richardson, Portland, argued the cause for appellant. On the brief were Kathryn T. Whalen, and Richardson Murphy, Portland.

William F. Nessly, Jr., Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

No appearance by respondent Northwest Marine Iron Works.

Before Buttler, Presiding Judge, and Warren and Van Hoomissen, Judges.

PER CURIAM

Reversed and remanded for reconsideration. See Cropley v. Employment Div., 72 Or. App. 93, 694 P.2d 1025 (1985).

Buttler, P. J., specially concurring.

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BUTTLER, P. J., specially concurring.

For the reasons stated in my dissent in Cropley v. Employment Division, 72 Or. App. 93, 694 P.2d 1025 (1985), 1 would reverse the decision of EAB. However, unlike in Cropley, it appears that some of the petitioners here may have joined the strike and would not be entitled to unemployment compensation. Barrier v. Employment Division, 29 Or. App. 387, 563 P.2d 1230 (1977). Accordingly, I would remand this case for a determination limited to which petitioners, if any, joined the strike.

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