Halling v. Employment Division

I disagree with the majority’s conclusion that claimant’s conduct was work-connected misconduct. This case is virtually indistinguishable from Bunnell v. Employment Division, 304 Or 11, 741 P2d 887 (1987). Whether or not Bunnell was correctly decided, we are bound by it. There is no substantial evidence in this record that would permit EAB to make a finding that claimant’s act was not an isolated instance of poor judgment. EAB and the majority’s characterization of his single outburst as “repetitive misconduct” is specious. As in Bunnell, claimant used profanity more than once during the…