Opinion
NO. 4:02-CV-0195-A
April 10, 2002
ORDER
Came on for consideration the motion of defendant, Transport Workers Union of America, Local 513, to dismiss plaintiff's original petition. Plaintiff, Robert L. Golston, has failed to respond to the motion, which is ripe for ruling. Plaintiff apparently concedes that his claims are completely preempted by the Railway Labor Act and by the federal duty of fair representation. See Kollar v. UTU, 83 F.3d 124, 125-26 (5th Cir. 1996); Richardson v. United Steel Workers of Am., 864 F.2d 1162, 1166-67 (5th Cir. 1989).
The court ORDERS that defendant's motion to dismiss be, and is hereby, granted and that plaintiff's claims against defendant be, and are hereby, dismissed with prejudice.