Lloyd Lee Nelson v. Piedmont Aviation, Inc., Lloyd Lee Nelson v. Piedmont Aviation, Inc.

WILKINSON, Circuit Judge:

Appellant raises the question of whether an applicant for employment is an “employee” under the Railway Labor Act. The District Court for the Middle District of North Carolina held that he is not. Thus, Piedmont Aviation’s alleged refusal to hire appellant because of present non-union membership and past non-union activities did not violate the RLA because that statute imposes no such restrictions on the right of a carrier to select its own employees.

Appellant points to nothing in the statutory language or legislative history of the Railway Labor Act to support his…