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COLUMBIA-PACIFIC v. OPB

88-03-01354; CA A60471.

794 P.2d 438 (1990)

102 Or.App. 212

COLUMBIA-PACIFIC Building & Construction Trades Council, Afl-Cio, an Unincorporated Association; and International Brotherhood of Electrical Workers, Local 48, Afl-Cio, an Unincorporated Association, Appellants, v. OREGON COMMISSION ON PUBLIC BROADCASTING, a State Agency, Respondent, and State of Oregon, Acting by and through Mary Roberts As Commissioner of the Bureau of Labor and Industries, Appellant.

Court of Appeals of Oregon.

Decided June 20, 1990.

Attorney(s) appearing for the Case

Norman D. Malbin, Portland, argued the cause for appellants Columbia-Pacific Bldg. & Const. Trades Council, AFL-CIO and Intern. Broth. of Elect. Workers, Local 48, AFL-CIO. With him on the briefs was David S. Paull, P.C., Portland.

John W. Osburn, Portland, argued the cause for appellant State of Or. With him on the briefs were Clifford N. Carlsen, Jr. and Miller, Nash, Wiener, Hager and Carlsen, Portland.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

WARREN, Judge.

The only issue in this case is whether defendant Oregon Commission on Public Broadcasting (OPB) "carried on" construction of a "public work," as defined in ORS 279.348(3) (since amended by Or. Laws 1989, ch. 752, § 1), when it contracted for a build-to-suit lease with Grayco Resources (Grayco). If it did, workers on the project were covered by Oregon's Little Davis-Bacon Act, ORS 279.348 through ORS 279.365, and were required to be paid...

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