George Peoples v. Southern Pacific Company, a Corporation

PER CURIAM. This is the third of a series of three recent cases in which employees of appellee have claimed damages in the United States District Courts for alleged wrongful discharge in violation of collective bargaining agreements between appellée. and railroad operating crafts. In Barker v. Southern Pacific Co., 9 Cir., 1954, 214 F.2d 918 and in Breeland v. Southern Pacific Co., 9 Cir., 1955, 231 F.2d 576, we held that the suing employees, having elected to advantage themselves of the administrative procedures set out in the applicable collective bargaining agreements, and having failed to,timely, pursue them to finality, thereby debarred themselves from maintaining a common law action for damages for breach of contract. This is a similar case. It is true that action.in the District Court is alternative, but only if the administrative remedies are pursued to conclusion according to the. agreement or not pursued at all. 1 The record below shows that appellant did invoke the agreement’s administrative procedures, but abandoned them in midstream. . Hence he failed to meet the condition precedent required for the lawful commencement of the action below. = JTor ,this reason, and for the reasons stated by District Judge Solomon in his opinion beloWi 139 F.Supp. 783, the judgment of the District Court is Affirmed. Footnotes [1] Transcontinental Air v. Koppel, 1953, 345 U.S. 653, 73 S.Ct. 906, 97 L.Ed. 1325.