NELSON v. PIEDMONT AVIATION, INC.

Nos. 84-1187, 84-1190.

750 F.2d 1234 (1984)

Lloyd Lee NELSON, Appellant, v. PIEDMONT AVIATION, INC., Appellee. Lloyd Lee NELSON, Appellee, v. PIEDMONT AVIATION, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 1984.


Attorney(s) appearing for the Case

Robert F. Gore, Shallotte, N.C. (Rex H. Reed, Springfield, Va., Hamilton Horton, Horton, Hendrick & Kummer, Winston-Salem, N.C., on brief), for appellant.

W.T. Covington, Jr., Charlotte, N.C. (Wayne Huckel, Kennedy, Covington, Lobdell & Hickman, Charlotte, N.C., on brief), for appellee.

Before ERVIN and WILKINSON, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.


WILKINSON, Circuit Judge:

Appellant raises the question of whether an applicant for employment is an "employee" under the Railway Labor Act. The District Court for the Middle District of North Carolina held that he is not. Thus, Piedmont Aviation's alleged refusal to hire appellant because of present non-union membership and past non-union activities did not violate the RLA because that statute imposes no such restrictions on the right of a carrier to select its own...

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