Lake County v. Teamsters Local Union 223

This case involves a determination by the Employment Relations Board (ERB) that Lake County’s newly created position of associate finance director is not a confidential position under ORS 243.650(6) and thus is included within Teamsters Local Union #223’s bargaining unit. 1 The majority holds that Lake County did not preserve the positions at the agency level that it now takes on appeal; thus, under ORAP 5.45(1), the majority exercises its discretion not to consider them. I write separately because part of the majority’s reasoning is inconsistent with the holding of the Oregon Supreme Court…