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GALLIMORE-WRIGHT v. LONG ISLAND RAIL ROAD COMPANY

United States District Court, S.D. New York


June 21, 2004.

CHRISTINE GALLIMORE-WRIGHT, Plaintiff,
v.
THE LONG ISLAND RAIL ROAD COMPANY, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Defendant contended in the initial form of joint pretrial order submitted by the parties that the plaintiff's claims are preempted by the Railway Labor Act, 45 U.S.C. ยง 151 et seq. (the "RLA"). As such a contention, if valid, would eliminate the need for a trial, the Court directed the parties to submit memoranda addressing the issue. Defendant did so. Plaintiff defaulted.

The RLA preempts claims "involving the interpretation or application of a" collective bargaining agreement ("CBA"). Hirras v. National Railroad Passenger Corp., 44 F.3d 278, 281 (5th Cir. 1995). The plaintiff here asserts claims relating to her former employment by the defendant including, inter alia, violation of the Federal Employers Liability Act and Title VII of the Civil Rights Act as well as certain state law based assertions. Defendant's memorandum makes no effort to demonstrate the extent, if any, to which plaintiff's claims involve the interpretation or application of a CBA. Accordingly, this matter cannot be disposed of on this basis at this time. The issue of preemption, however, will remain open pending further proceedings.

 

SO ORDERED.
20040621

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