Louie F. Bay v. Western Pacific Railroad Company

Bay appeals from the district court’s dismissal of his complaint against Western Pacific Railroad Company (Western Pacific). We affirm.

I. Statement of the Case

In January, 1971, Western Pacific allegedly learned that Bay may have made misrepresentations on the employment application that led to his being hired. This information was revealed during the pend-ency of a suit brought under the Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51 , by Bay against Western Pacific for recovery of damages for injuries allegedly sustained by Bay in the course of his employment by Western Pacific. After investigating the apparent misrepresentations, Western Pacific discharged Bay. Bay claimed that the discharge was improper because Western Pacific knew of the misrepresentations prior to hiring him. He also contended that Western Pacific fired him because he refused to settle the FELA suit.

Bay’s union processed his grievance for reinstatement, eventually submitting the claim to arbitration by Public Law Board No. 1048, which had been established by agreement between Western Pacific and the union pursuant to the Railway Labor Act. See 45 U.S.C. § 153 Second. The Board rejected Bay’s…