John Croston v. Burlington Northern Railroad Company International Association of MacHinists and Aerospaceworkers Aerospace Workers
Court of Appeals for the Ninth Circuit
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
We must decide, among other issues, whether the Railway Labor Act, 45 U.S.C. § 151, et seq., preempts a state law prohibiting employment discrimination on the basis of physical handicap. We hold that it does. We affirm the summary judgment dismissal
of Croston’s action against his railroad-employer and his union.
I
Croston, a machinist employed by Burlington Northern Railroad (BN) at its Livingston, Montana shop, suffered a heart attack in November 1985. He was not scheduled to return to work until May 1987. While he was on medical leave, BN shut down the…
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