Krohn v. Hood River School District

• Court: Oregon Court of Appeals
• Area(s) of Law: Administrative Law
• Date Filed: 05-16-2012
• Case #: A146995
• Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.

A plaintiff does not need to exhaust administrative remedies if the claims for which she is seeking relief are not governed by a collective bargaining agreement, but rather are statutory in nature.

Krohn appealed the trial court's grant of Hood River School District's (HRSD) motion to dismiss. Krohn was an employee of HRSD who filed claims for unpaid wages. HRSD argued in its motion to dismiss that, under ORCP 21 A(1), Krohn did not exhaust administrative remedies before filing in the trial court, and therefore the trial court did not have jurisdiction. On appeal, Krohn argues that her claims are not covered by the collective bargaining agreement (CBA), and thus she does not have to exhaust her administrative remedies first. The Court of Appeals held that Krohn's claims are not governed by the CBA, but rather are statutory in nature. The trial court erred in dismissing Krohn's claims. Reversed and remanded.

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