Andrews v. Louisville & Nashville R. Co., 406 U.S. 320 (1972)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Petitioner, claiming that he was wrongfully discharged from his employment by respondent railroad, filed a state court action based on state law for breach of contract. The suit was removed to Federal District Court, which dismissed the complaint for failure to exhaust the remedies provided by the Railway Labor Act, and the Court of Appeals affirmed.

Held: Since the source of petitioner’s right not to be discharged and of his employer’s obligation to restore him to his regular employment following an injury is the collective bargaining agreement, petitioner must follow the grievance and arbitration procedures set forth in the Railway Labor Act. Moore v. Illinois Central R. Co., 312 U.S. 630, overruled. Pp. 321-326.

441 F.2d 1222, affirmed.

REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 326. POWELL, J., took no part in the consideration or decision of the case.