Swartout v. Precision Castparts Corp.

Defendant appeals from a summary judgment for plaintiff that enforced a grievance committee decision, awarded damages in enforcing that decision and awarded attorney fees under ORS 652.200(2). We affirm the summary judgment and reverse the award of attorney fees.

The facts are not in dispute. Plaintiff, a permanent full-time employe of defendant, was laid off for lack of work on October 1, 1982, and was not called back until September 21, 1983. During the layoff, defendant recalled an employe with less seniority than plaintiff to perform his job. Defendant has in effect an employe handbook…