Legal Opinion

Kramisen v. Pan American World Airways, Inc.

District Court, E.D. New York

Decided October 11, 1988No. 87 CV 3404Published

1Opinion of the Court

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Defendant moves to dismiss the Complaint pursuant to Fed.R.Civ.P. 12(b)(1) on the ground that the claims asserted are “minor disputes” under the Railway Labor Act and can be resolved only by an Adjustment Board. For the reasons discussed below, the motion is granted.

FACTS

Plaintiff was employed by the defendant corporation for 27 years prior to his retirement in 1985 and brings this action to recover damages for defendant’s failure to provide him with medical benefits after his active employment ceased. Before his retirement, plaintiff was a…

2Cases cited9 opinions

  1. Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
  2. Baylis v. Marriott Corp.Court of Appeals for the Second Circuit · 1988
  3. Luis M. De La Rosa Sanchez v. Eastern Airlines, Inc.Court of Appeals for the First Circuit · 1978
  4. Majors v. U. S. Air, Inc.District Court, D. Maryland · 1981
  5. International Brotherhood of Teamsters v. Pan American World Airways, Inc.District Court, E.D. New York · 1985

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