Summary
In Womble v. Seaboard System R.R., 804 F.2d 635 (11th Cir. 1986), it was held that a nonunion employee was required to pursue administrative remedies under the Act when she brings an action for benefits upon termination of her employment, citing Andrews. Again, the holding of Womble would be equally applicable here, where plaintiff's claim stems from a demotion, rather than a complete termination of employment.
Summary of this case from Zimmerman v. Atchison, Topeka & Santa Fe Railway Co.Opinion
No. 86-3402. Non-Argument Calendar.
November 19, 1986. Rehearing and Rehearing En Banc Denied December 22, 1986.
Kattman, Eshelman MacLennan, John F. MacLennan, Jacksonville, Fla., for plaintiff-appellant.
Taylor, Moseley Joyner, James F. Moseley, Jacksonville, Fla., for defendant-appellee.
Appeal from the United States District Court for the Middle District of Florida; Howell W. Melton, Judge.
Before GODBOLD, VANCE and JOHNSON, Circuit Judges.
The plaintiff-appellant, an employee of the Seaboard System Railroad, defendant-appellee, was terminated from her employment in December 1985. She filed a civil action in the United States District Court for the Middle District of Florida claiming lost wages, insurance benefits, retirement benefits, and the other benefits to which she, as an employee, was entitled. The district court dismissed the case without prejudice holding that a non-union employee, such as the plaintiff, was entitled to pursue, and therefore required to pursue, her administrative remedies as provided by the Railway Labor Act, 45 U.S.C.A. §§ 151, et seq.
On the basis of Andrews v. Louisville Nashville Railroad Co., 406 U.S. 320, 92 S.Ct. 1562, 32 L.Ed.2d 95 (1972); Rader v. United Transportation Union, 718 F.2d 1012 (11th Cir. 1983), and Thomas v. New York, Chicago St. Louis R. Co., 185 F.2d 614 (6th Cir. 1950), the judgment of the district court is AFFIRMED.