In the Matter of the Arbitration Between Alfred A. Krieter, and Lufthansa German Airlines, Inc.

BACKGROUND

Krieter was employed by Lufthansa, a common carrier, under a contract of employment of persons engaged in foreign or interstate commerce. The parties were subject to the Railway Labor Act [ 45 U.S.C. § 151 , et seq. (1970)].

Lufthansa discharged Krieter who claimed the discharge was not “for cause” and, therefore, impermissible under the contract between the airline and the union. Lufthansa and Krieter proceeded through preliminary grievance procedures provided in the contract. Krieter then requested that the dispute be submitted to arbitration pursuant to Article XV of the collective bargaining agreement which states in part:

The parties agreed to. submit the dispute to one arbitrator for settlement. His award was issued January 23, 1976, the district court affirmed it, and Lufthansa appeals.

SUBJECT MATTER JURISDICTION

Lufthansa contends that, because the method of arbitration did not comply with the procedures set forth in the Railway Labor Act, 45 U.S.C. §§ 157-159 (1970), the award does not come under the statute, and therefore the district court did not have subject matter jurisdiction to direct enforcement. The administrative remedies provided in the Act,…