From Casetext: Smarter Legal Research

Peoples v. Southern Pacific Company

United States Court of Appeals, Ninth Circuit
Mar 13, 1956
232 F.2d 707 (9th Cir. 1956)

Opinion

No. 14799.

March 13, 1956.

William A. Babcock, Babcock, Russell McGeorge, Portland, Or., for appellant.

Koerner, Young, McColloch Dezendorf, John Gordon Gearin, Portland, Or., W.A. Gregory, Burton Mason, San Francisco, Cal., for appellee.

Before McALLISTER, Circuit Judge, and GOODMAN and MATHES, District Judges.


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 appellee 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.

Transcontinental Air v. Koppel, 1953, 345 U.S. 653, 73 S.Ct. 906, 97 L.Ed. 1325.

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.

For this reason, and for the reasons stated by District Judge Solomon in his opinion below, 139 F. Supp. 783, the judgment of the District Court is

Affirmed.


Summaries of

Peoples v. Southern Pacific Company

United States Court of Appeals, Ninth Circuit
Mar 13, 1956
232 F.2d 707 (9th Cir. 1956)
Case details for

Peoples v. Southern Pacific Company

Case Details

Full title:George PEOPLES, Appellant, v. SOUTHERN PACIFIC COMPANY, a corporation…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 13, 1956

Citations

232 F.2d 707 (9th Cir. 1956)

Citing Cases

I.C.R.R. Co. v. Bolton

III. This claim is barred by failure of appellee to perform conditions precedent by proceeding in timely…

Wagner v. Columbia Hospital Dist

See also Annot., 72 ALR2d 1439, 1441-44. And see also Peoples v. Southern Pacific Company, 139 F. Supp. 783…