JUNE WOMBLE, PLAINTIFF-APPELLANT,
v.
SEABOARD SYSTEM RAILROAD, DEFENDANT-APPELLEE

11th Cir. | 1986-11-19
No. 86-3402
804 F.2d 635 Court of Appeals for the Eleventh Circuit (1986) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

The plaintiff-appellant, an employee of the Seaboard System Railroad, defendantappellee, was terminated from her employment in December 1985. She filed a civil action in the United States District Court for the Middle District of Florida claiming lost wages, insurance benefits, retirement benefits, and the other benefits to which she, as an employee, was entitled. The district court dismissed the case without prejudice holding that a non-union employee, such as the plaintiff, was entitled to pursue, and therefore required to pursue, her administrative remedies as provided by the Railway Labor Act, 45 U.S.C.A. §§ 151, et seq.

On the basis of Andrews v. Louisville & Nashville Railroad Co., 406 U.S. 320, 92 S.Ct. 1562, 32 L.Ed.2d 95 (1972); Rader v. United Transportation Union, 718 F. 2d 1012 (11th Cir.1983), and Thomas v. New York, Chicago & St. Louis R. Co., 185 F. 2d 614 (6th Cir.1950), the judgment of the district court is AFFIRMED.

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  • Rich v. Dollar, 841 F.2d 1558 (11th Cir. 1988)
    …icial phase of the criminal process” he sheds the cloak of absolute immunity. Mullinax v. McElhenney, 817 F. 2d 711, 714-15 (11th Cir.1987) quoting Imbler v. Pachtman, 424 U.S. 409, 430, 96 S.Ct. 984, 995, 47 L.Ed.2d 128 (1976). In Kadivar v. Stone, 804 F. 2d 635, 637 (11th Cir.1986) we stated “[although a prosecutor enjoys absolute immunity when engaging in quasi-judicial functions, he has only a qualified immunity when carrying out administrative or investigative functions.” Citing Marrero v. City of Hiale…
  • Brock Zimmerman v. The Atchison, 888 F.2d 660 (10th Cir. 1989)
    …ent case because plaintiff remains employed by defendant although he has been demoted. It is irrelevant that plaintiff was not a union member at the time he was demoted and filed the action underlying this appeal. In Womble v. Seaboard System R.R., 804 F. 2d 635 (11th Cir.1986), it was held that a nonunion employee was required to pursue administrative remedies under the Act when she brings an action for benefits upon termination of her employment, citing Andrews. Again, the holding of Womble would be equal…

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