Labor – railroads — election of remedies

By: WISCONSIN LAW JOURNAL STAFF//January 15, 2014//

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United States Court of Appeals For the Seventh Circuit

Civil

Labor – railroads — election of remedies

The election-of-remedies provision in the Federal Railroad Safety Act does not bar a railroad employee who has been wrongfully discharged from obtaining relief through both grievance-arbitration pursuant to the Railway Labor Act and an administrative claim or lawsuit under the FRSA.

“In sum, although the Railway Labor Act is indeed a federal statute—and thus, we may assume, another provision of law—it is strained to say that Reed sought protection under it by appealing his grievance to the special adjustment board. Rather, Reed sought protection under his collective bargaining agreement. The plain meaning of the statute therefore tells us that Reed is not precluded from obtaining relief under FRSA simply because he appealed his grievance to Public Law Board 6394.”

Affirmed.

13-2307 Reed v. Norfolk Southern Railway Co.

Appeal from the United States District Court for the Northern District of Illinois, Coleman, J., Flaum, J.

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