Sabich v. National RR Passenger Corp.

MEMORANDUM ORDER

BUA, District Judge.

This dispute presents a thorny issue of federal preemption in the railroad labor context. Plaintiff, a railroad employee, has asserted a retaliatory discharge claim against his employer. The employer, a national railroad, contends that plaintiff’s claim is preempted by the exclusive arbitral provisions of the Railway Labor Act (“RLA”), 45 U.S.C. § 151 et seq. Based on this contention, defendant has filed a motion for summary judgment. As an alternative basis for summary judgment, defendant argues that plaintiff’s claim is deficient under state law. This…