United States District Court, S.D. New York
June 21, 2004.
CHRISTINE GALLIMORE-WRIGHT, Plaintiff,
THE LONG ISLAND RAIL ROAD COMPANY, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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. § 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
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
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