Miller v. Employment Division

We review the decision of the Court of Appeals reversing an administrative order of the Employment Appeals Board (EAB) in a contested case denying unemployment compensation to claimant. The issue is whether services performed by claimant for his former employer are covered employment for the purposes of unemployment compensation pursuant to ORS 657.072. The answer depends upon determination of the validity of the Employment Division’s administrative rule which purports to interpret ORS 657.072.

The findings are not challenged. From July 1977 to March 1978 claimant worked for the Union Gospel…