Opinion
January 4, 1968
Appeal from the Civil Court of the City of New York, County of New York, GUY G. RIBAUDO, J.
William J. Pallas and Raymond B. Ritchel, Jr., for appellant.
Harry M. Krokow for respondents.
In our opinion the court was without jurisdiction in this action to recover wages lost as a result of job elimination, and severance pay after voluntary termination of employment, under a collective bargaining agreement between their union and the defendant railroad.
Under subdivision (i) of section 3 of the Railway Labor Act (U.S. Code, tit. 45, § 153, subd. [i]) such disputes between an employee and a carrier are within the jurisdiction of the National Railroad Adjustment Board, and plaintiffs are required to resort to that agency for adjudication of their claims ( Pennsylvania R.R. Co. v. Day, 360 U.S. 548; Roberts v. Lehigh New England Ry. Co., 211 F. Supp. 379). There being no allegation of wrongful discharge, it was error to apply the rule of Moore v. Illinois Cent. R.R. Co. ( 312 U.S. 630) and Walker v. Southern Ry. Co. ( 385 U.S. 196); and the trend toward requiring exhaustion of administrative procedures ( Republic Steel v. Maddox, 379 U.S. 650) requires that the rule in Moore not be extended.
The order should be reversed, with $10 costs, and motion to dismiss for lack of jurisdiction granted.
Concur — MARKOWITZ, J.P., HOFSTADTER and STREIT, JJ.
Order reversed, etc.