Publicity Providers Inc. v. Employment Division

The majority holds without any discussion that a group of salespersons who sell commercial advertising specialties such as ball point pens, calendars, decals, etc., for Publicity Providers, Inc., on a commission basis are not employes within the meaning of the Unemployment Compensation Law.

I cannot agree. This case is clearly distinguishable on the facts from Pam’s Carpet Service v. Employment Div., 46 Or App 675, 613 P2d 52, rev den 289 Or 677 (1980), which the majority cites as the sole authority for its holding.

Contrary to the majority, I find that the evidence in the record in the case at…