Byrne Trucking, Inc. v. Employment Division

JOHNSON, J.,

specially concurring.

The majority rests its decision on the opinion of this court in Republic Development Co. v. Employment Div., 32 Or App 263, 574 P2d 660 (1978), with which I disagree. That opinion is based upon an irrational initial premise, an erroneous interpretation of Baker v. Cameron, 240 Or 354, 401 P2d 691 (1965), and an unwarranted disregard of Kirkpatrick v. Peet, 247 Or 204, 428 P2d 405 (1967). The rule resulting from our opinion in Republic is more confusing than the present state of the law, is likely to lead to a wholesale disruption of existing business…