Gregory v. Burlington Northern Railroad

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on defendant’s motion to dismiss or, in the alternative, for summary judgment. Defendant’s motion to dismiss will be granted.

FACTS

Plaintiff is a Billings, Montana resident and a former employee of defendant. Plaintiff applied for a position in defendant’s Billings communication facility March 1, 1985. Plaintiff’s application for employment was approved and she accepted a job with defendant. The position acquired by plaintiff was a union position subject to a collective bargaining agreement.

Pursuant to the…