William A. Rilling v. Burlington Northern Railroad Company, a Delaware Corporation

William A. Rilling appeals the magistrate’s grant of summary judgment in favor of Burlington Northern Railroad Co. (Burlington or the company). Rilling alleges that Burlington breached labor protective conditions which the Interstate Commerce Commission (ICC) had imposed on Burlington pursuant to the merger which formed the company. The magistrate found that he had jurisdiction to determine the validity of a release which Rilling executed in favor of Burlington, and that the release was valid, entitling Burlington to summary judgment. We conclude that the ICC had primary jurisdiction over Rilling's claim, and we reverse and remand.

FACTS AND PROCEDURAL HISTORY

Rilling was the manager of Burlington’s Seattle Regional Accounting Office. Burlington reorganized this office in March 1986, eliminating Rilling’s position. Rilling was entitled to rights under labor protective conditions the ICC imposed on Burlington in conjunction with the 1970 merger that created the company. See Great N. Pac. — Merger—Great N., 331 I.C.C. 228 (1967), aff'd sub nom. United States v. United States, 296 F.Supp. 853 (D.D.C.1968), aff 'd sub nom. United States v. Interstate Commerce Comm’n, 396 U.S. 491 ,…