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LAKE COUNTY v. TEAMSTERS LOCAL UNION # 223

ERB UC-9-04; A126592.

145 P.3d 187 (2006)

208 Or. App. 271

LAKE COUNTY, Petitioner, v. TEAMSTERS LOCAL UNION # 223, Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted June 7, 2006.

Decided September 27, 2006.

Attorney(s) appearing for the Case

James E. Bailey, III, argued the cause for petitioner. With him on the briefs was Daniel M. Spencer LLC.

Michael J. Tedesco, Beaverton, argued the cause for respondent. With him on the brief was the Law Office of Michael J. Tedesco.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, LINDER, WOLLHEIM, ORTEGA, and ROSENBLUM, Judges, and DEITS, Judge pro tempore.

Resubmitted En Banc June 7, 2006.

WOLLHEIM, J.

Petitioner Lake County petitions for review of an order from the Employment Relations Board (ERB) holding that a Lake County employee, Nicky Alves, was not a "confidential employee" under ORS 243.650(6).1 We affirm.

In February 2004, respondent Teamsters Local Union # 223 (the union) filed a petition for clarification of the public employee status of Alves. The union contended...

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