Earsel L. Hensley; John R. Clark; David Jude; Thomas E.curry; Gary A. Rose; Ronnie L. Marcum, Jr.;charles R. Hunt; James S. Venturino,jr., Plaintiffs-appellants, v. Norfolk Southern Railway Company, a Foreign Corporation;norfolkand Western Railway Company, a Westvirginia Corporation; Norfolk Southerncorporation, a Foreigncorporation,defendants-appellees, 28 F.3d 1209 (4th Cir. 1994)

In May 1992, the Norfolk Southern Railway Co. ("Railroad") offered some of its employees the opportunity to transfer to other locations within the Railroad's operations. Appellants, employees of the Railroad, accepted the offer of transfer. The Railroad, however, later rescinded each of the appellants' transfers.

Appellants filed suit against the Railroad in West Virginia state court alleging various contract and tort claims. The Railroad removed the suit to federal district court and moved for summary judgment. The district court granted the Railroad's motion, finding that the Railway Labor Act's mandatory procedures for resolving labor disputes preempt appellants' claims because they constitute "minor" labor disputes under the Act. The district court accordingly dismissed the appellants' suit.

On appeal, appellants contend that the district court erred when it found that their claims constitute "minor" rather than "major" disputes. We have reviewed the arguments raised by the appellants and have determined that they are without merit. We accordingly affirm the opinion of the district court, Hensley v. Norfolk S. Ry. Co., No.3:92-0958 (S.D. W. Va. September 28, 1993).

AFFIRMED