Harris A. Grote v. Trans World Airlines, Inc. Fred Vanhoosen Douglas Heggie Lawrence Marinelli, M.D. Bradford Berg

Harris A. Grote appeals the district court’s grant of Trans World Airlines’ (TWA) motion to dismiss his first amended complaint with prejudice. Because Grote’s claim is preempted by the Railway Labor Act (RLA), 45 U.S.C. §§ 151-188 (1982), we affirm.

FACTS

On March 12,1987, Grote, a former TWA pilot, filed a complaint against TWA, et al., in California Superior Court alleging wrongful termination, breach of the covenant of good faith and fair dealing, breach of contract, intentional and negligent infliction of emotional distress, defamation, and fraud. Grote claims that he suffered a mild heart attack while on duty, and six subsequent incidents of chest pain. His complaint alleged that TWA asked him to perjure himself to the Federal Air Surgeon in order to get recertified to resume his pilot duties. Grote claims that his refusal to do so resulted in his termination.

Grote’s action was removed to district court because it involved the interpretation of a TWA collective bargaining agreement, and therefore arose under the RLA, 45 U.S.C. §§ 151-188 . TWA then filed a motion to dismiss Grote’s claims. In opposition to this motion, Grote voluntarily dismissed his breach of contract…