Joe E. Parsons v. Norfolk and Western Railway Company, a Corporation

HAYNSWORTH, Chief Judge:

The sole question on this appeal is whether a civil action may be brought by a railroad employee against his employer on a contract governing rates of pay, to which his union was a party, when he has not exhausted his administrative remedies. The company defended on the grounds that the plaintiff had exhausted neither his contractual right of arbitration nor his statutory remedies through the Railroad Adjustment Board. 1 The district court, 310 F.Supp. 1197, dismissed the action, and we affirm.

The dispute arises out of the 1959 merger between the Norfolk & Western…