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TEAMSTERS LOCAL 670 v. UNITED FOODS

ERB PU-4-87; CA A47670.

773 P.2d 782 (1989)

96 Or.App. 557

TEAMSTERS LOCAL 670, Respondent, v. UNITED FOODS, Inc., Petitioner.

Court of Appeals of Oregon.

Decided May 17, 1989.

Attorney(s) appearing for the Case

Thomas M. Triplett, Portland, argued the cause for petitioner. With him on the brief were Mildred J. Carmack and Schwabe, Williamson & Wyatt, Portland.

James W. Kasameyer, Portland, argued the cause for respondent. With him on the brief was Carney, Buckley, Kasameyer & Hays, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Petitioner (UFI) seeks judicial review of an order of the Employment Relations Board determining that UFI had engaged in an unfair labor practice by refusing to bargain with respondent (Union). ORS 663.120(4). It contends that UFI is not an "employer," as defined in ORS 663.005(4)(f), and that, even if it is, its mushroom workers are agricultural workers and, as such, are excluded from the statutory definition of "employe." ORS 663.005(3...

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