James C. Rayner v. Daniel W. Smirl Csx Corporation

WILKINSON, Circuit Judge:

The question here is whether the Federal Railroad Safety Act of 1970, 84 Stat. 971, as amended, 45 U.S.C. § 421-44, preempts a Maryland action for the wrongful discharge of a railroad employee who reports railroad safety violations of his employer. We hold that the federal “whistleblower” statute, 45 U.S.C. § 441, and the comprehensive remedial provisions incorporated therein, 45 U.S.C. §§ 441(c) & 153, are the railroad employee’s exclusive remedy and therefore preempt his state-law claim. We affirm the judgment of the district court dismissing the employee’s state…