Linn-Benton-Lincoln Education Ass'n/OEA/NEA v. Linn-Benton-Lincoln ESD

At issue in this case is whether the position of “interventionist” is “academically licensed” within the meaning of ORS 243.650(1) when the position requires no “license.” The Employment Relations Board (ERB) originally concluded that the position is not “academically licensed,” because it requires no “license” in the ordinary meaning of the term. On reconsideration, ERB changed its mind. In my view, ERB got it right the first time.

The majority disagrees. It begins with the assertion that the term “licensed” ordinarily means “a right or permission granted in accordance with law by a competent…