REED v. NORFOLK SOUTHERN RY. CO.

No. 13-2307.

740 F.3d 420 (2014)

Justin REED, Plaintiff-Appellee, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 2014.


Attorney(s) appearing for the Case

Charles A. Collins , Saint Paul, MN, David L. Lee , Chicago, IL, Harry W. Zanville , San Diego, CA, for Plaintiff-Appellee.

James S. Whitehead , Sidley Austin LLP, Chicago, IL, for Defendant-Appellant.

Rachel Goldberg , Department of Labor, Washington, DC, for Amicus Curiae.

Before BAUER and FLAUM, Circuit Judges, and VAN BOKKELEN, District Judge.


FLAUM, Circuit Judge.

This case is about the meaning of the election-of-remedies provision in the Federal Railroad Safety Act ("FRSA"). The defendant, Norfolk Southern Railway, claims that this provision bars a railroad employee who has been wrongfully discharged from obtaining relief through both grievance-arbitration pursuant to the Railway Labor Act and an administrative claim or lawsuit under FRSA. We disagree. Although our reasoning differs from the district...

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