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BAUMGARTNER v. STATE DEPT. OF CORRECTIONS

No. 30397-3-II.

100 P.3d 827 (2004)

Dave BAUMGARTNER, Gordon R. Hill, Jeffrey A. Kunkle, William Revels, Francis Quam, Tina Davis, Bryan Hardina, Dennis Gleason, Terrence Lawson, Timothy Gleason, Larry M. Conner, Glenn L. Carney, Edwin A. Fritch, Shirley Brunsdon, Mark Bollinger, Bruce Ramsey, Gary L. Edwards, Alex M. Simmons, Jr., Carroll Riddle, Garry C. Wheelock, Sr., Robert L. O'Neel, Richard Hall, Brian McPherson, Lonny J. Earles, David M. Perry, Frank J. Leonetti, John Robert, Linda Michael, Verence Long, David R. Rule, Ernie L. Crewse, David Bingham, Sharon Thach, Donald W. Taber, Leon Kershaw, Alena L. Montoya, Denise Arnold, Russell V. Williams, John Cottom, Donald Dodd, and Gene volgmann, Appellants, v. STATE of Washington, DEPARTMENT OF CORRECTIONS; Joseph Lehman, Secretary of Department of Corrections; Chase Riveland; Dennis Karras, Director of Personnel, State of Washington; Leonard Nord; Marty Brown, Director, Department of Financial Management; Richard Thompson, Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered November 16, 2004.

Attorney(s) appearing for the Case

Patricia Pendry, Attorney at Law, Bellingham, WA, Todd Charles Nichols, Cogdill Nichols Rein, Everett, WA, for Appellants.

Lawrence W. Paulsen, AGO/U. of Washington, Seattle, WA, Stewart Arthur Johnston, Attorney at Law, Olympia, WA, for Respondents.

HOUGHTON, J.

Department of Corrections (DOC) lieutenants appeal from a trial court summary judgment order dismissing their salary misclassification claims against DOC. The lieutenants argue that the trial court erred in ruling that they failed to exhaust their administrative remedies. Although the exhaustion doctrine does not apply here, we affirm the trial court because no cause of action exists for the lieutenants' salary misclassification claims.

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