Nancy Avina v. Union Pacific Railroad Co., No. 22-2376 (8th Cir. 2023)
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After Plaintiff twice lost out on a promotion, she sued Union Pacific for discrimination. The question is whether a dispute over the interpretation of a collective-bargaining agreement required dismissal. Union Pacific to sought dismissal under the Railway Labor Act, see 45 U.S.C. Section 151, et seq., which requires disputes over the interpretation of a collective-bargaining agreement to go to arbitration. The district court granted the motion to dismiss.
The Eighth Circuit affirmed. The court explained that the parties agree that this case does not involve an attempt to “form” or “secure” a collective-bargaining agreement, so it does not fall into the major-dispute category. In a failure-to-promote case like this one, Plaintiff must establish that (1) she “was a member of a protected group; (2) she was qualified and applied for a promotion to a position for which the employer was seeking applicants; (3) she was not promoted; and (4) similarly situated employees, not part of the protected group, were promoted instead.” The sticking point is whether she actually applied for either promotion: she says she did, but Union Pacific disagreed. Whether faxed resumes count as applications under the collective-bargaining agreement is something she will have to prove to establish her prima-facie case. Perhaps the best evidence of its importance was the prominent role it played at trial, especially in the questioning by Plaintiff’s attorney. In these circumstances, the issue is one for the National Railroad Adjustment Board to decide.
Court Description: [Stras, Author, with Kelly and Erickson, Circuit Judges] Civil case - Employment Discrimination. Plaintiff alleged she was discriminated against when she sought promotion and filed this suit alleging age and race discrimination in hiring; during trial a dispute arose over the proper interpretation of a provision of the Collective Bargaining Agreement concerning the job application process; the issue is one for the National Railroad Adjustment Board to decide, and the district court did not err in dismissing the case.
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