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SMOLDT v. HENKELS & McCOY, INC.

(C96110508; CA A97994; SC S48007).

53 P.3d 443 (2002)

334 Or. 507

Richard SMOLDT, Petitioner on Review, v. HENKELS & McCOY, INC., Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided September 6, 2002.

Attorney(s) appearing for the Case

Jacqueline L. Koch, of Koch & Deering, Portland, argued the cause for petitioner on review. With her on the brief was James Dana Pinney, Tualatin.

Dian S. Rubanoff, of Williams, Zografos & Peck, LLP, Portland, argued the cause for respondent on review. With her on the brief was Paula A. Barran, Portland.

RIGGS, J.

The issue in this case is whether the existence of a collective bargaining agreement (CBA), standing alone, prevents an employee subject to that agreement from pursuing a claim for wages in excess of those specified in the CBA. Employee, Richard Smoldt, had an individual employment contract with employer, Henkels & McCoy, Inc. A CBA also covered employee's position. The wage rate provided by the individual contract was higher than the rate provided by...

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