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CROSTON v. BURLINGTON NORTHERN R. CO.

No. 91-36090.

999 F.2d 381 (1993)

John CROSTON, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY; International Association of Machinists and Aerospaceworkers; Aerospace Workers, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1993.

Attorney(s) appearing for the Case

Eula Compton, Bozeman, MT, for plaintiff-appellant.

Lawrence M. Stroik, Burlington Northern R. Co., Fort Worth, TX, William Rossbach, Rossbach & Whiston, Missoula, MT, for defendants-appellees.

Before: WRIGHT, FARRIS, and NELSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We must decide, among other issues, whether the Railway Labor Act, 45 U.S.C. § 151, et seq., preempts a state law prohibiting employment discrimination on the basis of physical handicap. We hold that it does. We affirm the summary judgment dismissal of Croston's action against his railroad-employer and his union.

I.

Croston, a machinist employed by Burlington Northern Railroad (BN) at its Livingston, Montana...

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