If ever there was an example of the "law of unintended consequences," the case of a former Mt. Bachelor Ski Patrol member is it.

At Mt. Bachelor, Ski Patrol members are volunteers - that is, they aren't paid for their work in making sure skiiers are safe. What they do receive is an annual lift pass, allowing them to get up the mountain to make runs back down checking on skiiers. The value of the pass - if you wanted to buy one - is about $900.

One former volunteer brought the provision of these passes to light by filing for unemployment benefits based on the $900 value of the pass. Leave aside for the moment the logic of filing for unemployment benefits from a volunteer position (not to mention what benefits one might receive based on "earning" $900 for an entire ski season). The Oregon Court of Appeals found that the "volunteer" in question had in fact "earned" $910, and was in fact eligible for benefits.

This ruling will come as a shock to other non-profit and charitable organizations that provide some tangible benefit as an incentive or reward for their hard-working volunteers. It will also have a chilling effect on volunteer efforts as people realize that any benefit they receive needs to be declared as income on their Oregon Form 40.

Luckily, Oregon's Legislature already appears ready to act to clarify that volunteers are not employees, even when they receive some form of compensation such as a free lift pass. A House Committee - which will meet during the Legislature's February 2008 session - has already asked Legislative Council to begin work on appropriate language.