Pratt

Plaintiff, Herman Pratt, Jr. (“Pratt”), a former employee of United Air Lines, Inc. (“United”), sues United and the local lodges of the International Association of Machinists and Aerospace Workers (“Union”) with which United has a collective bargaining agreement (the “Agreement”), for back pay and restitution of his job, charging United in certain counts of the complaint with violating the Agreement and the Union with breaching its duty to him of fair representation by failing to exhaust all the administrative remedies mandated by the Railway Labor Act, 45 U.S.C.A. §§ 151-188 (the “Act”).

United, raising a question under the Act that does not appear to have been decided in this Circuit, moves the Court to dismiss these counts against it on the ground that the Court lacks subject matter jurisdiction because plaintiff’s exclusive remedy lies in the administrative procedures mandated by the Act even though the Union’s alleged wrongful conduct in not timely pursuing that remedy has led to its forfeiture.

Contrary to United’s position, and for the reasons hereinafter stated, the Court denies the motion to dismiss, finding that it does have jurisdiction over the plaintiff’s claims of…