Richard Kaschak v. Consolidated Rail Corporation

NATHANIEL R. JONES, Circuit Judge.

Plaintiff-appellant, Richard Kaschak, appeals from an order of the district court dismissing the complaint against his employer, Consolidated Rail Corporation (Conrail) for lack of subject matter jurisdiction. The district court found that the National Railroad Adjustment Board (the Board) had exclusive jurisdiction over the dispute which gave rise to this action and, thus, that Kaschak’s resort to the federal courts was improper. We find that, although the resolution of minor disputes generally lies within the exclusive jurisdiction of the Board, the…