Muscatell v. Employment Division

Petitioner seeks review of an Employment Appeals Board (EAB) order which disqualified him from receiving unemployment compensation. ORS 675.176. We reverse and remand.

Petitioner worked for respondent employer from June, 1983, until October 27, 1984. He had previously been fired on June 10, 1984, for failing to meet employer’s cooking standards but was reinstated pursuant to his union’s grievance procedure. For the remainder of his employment tenure, his job performance fluctuated between acceptable and poor. He was confronted on several occasions by his supervisor regarding poor performance.

Fo…