Legal Opinion

Krohn v. Hood River School District

Court of Appeals of Oregon

Decided May 16, 2012No. 100096CC; A146995Published

1Opinion of the CourtWollheim, J.

The trial court granted defendant Hood River School District’s motion to dismiss plaintiffs statutory wage claims under ORCP 21 A(l), based on lack of subject matter jurisdiction on the ground that the claims are subject to or preempted by the Labor Management Relations Act (LMRA) or a collective bargaining agreement. We conclude that the claims are not preempted and therefore reverse and remand.

Plaintiff, who works for defendant as a custodian, is a classified employee represented by the Oregon School Employees Association (OSEA). Defendant and OSEA entered into a collective bargaining…

2Cases cited5 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Livadas v. BradshawSupreme Court of the United States · 1994
  3. Parker v. City of AlbanyCourt of Appeals of Oregon · 2006
  4. State Ex Rel. Nilsen v. BerryOregon Supreme Court · 1967
  5. Smoldt v. Henkels & McCoy, Inc.Oregon Supreme Court · 2002

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API