Soldinger

This case involves the scope of federal preemption under the Railway Labor Act (RLA), 45 United States Code section 151 et seq. The primary question presented is whether an airline employee may pursue available state law remedies against her employer for religious discrimination, retaliation, and failure to accommodate her religious beliefs or whether she may seek redress only through the RLA’s arbitral mechanism. Under the facts of this case, we hold the RLA does not preempt the employee’s civil lawsuit since her grievance does not grow out of the interpretation or application of her collective bargaining agreement (a “minor dispute”). We therefore reverse the summary judgment granted by the trial court.

Introduction

This religious discrimination lawsuit was brought by appellant and plaintiff Geraldine Soldinger against her employer, respondent and defendant Northwest Airlines, Inc. Soldinger appeals from a summary judgment entered in favor of Northwest Airlines.

The issues we address are:

Factual and Procedural Background

Since this matter comes to us upon the granting of a summary judgment in favor of Northwest Airlines, we view the facts in the light most…