Gerard W. McCall v. Chesapeake & Ohio Railway Company

MERRITT, Circuit Judge.

The Chesapeake & Ohio Railway Company appeals a jury verdict awarding $328,-000 to plaintiff Gerard W. McCall as damages for a violation of the Michigan Handicappers’ Civil Rights Act, Mich.Comp.Laws Ann. § 37.1101 et seq. (1985). 1 We hold that the Michigan statute required the jury to make the identical decision made by an arbitration board established pursuant to the Railway Labor Act, 45 U.S.C. § 153 Second (1982), 2 and that therefore the Mi chigan statute is preempted in this case by the Railway Labor Act. We therefore vacate the decision of the District Court,…