Armando Gonzalez v. Southern Pacific Transportation Company

773 F.2d 637, 121 L.R.R.M. (BNA) 2375, 1985 U.S. App. LEXIS 23690

Opinions

ROBERT MADDEN HILL, Circuit Judge,

specially concurring:

Because the earlier opinion in this case is withdrawn, I concur in the present opinion of the Court in this case. However, I remain committed to the view expressed in my dissent, 755 F.2d at 1186, to the earlier opinion that the term “person in interest” contained in § 60 does not include an employer railroad company (in this case Southern Pacific) but only covers fellow employees and representatives of employees. This is clear from the legislative history surrounding the passage of § 60 and in particular the inclusion of the language “person in interest” in the statute. When Gonzalez furnished information to Southern Pacific about an injury suffered by a fellow employee, in my opinion he was not entitled to the protective features of § 60. Thus, I would dispose of this case by holding that Gonzalez has failed to state a claim, rather than deferring to the arbitrator’s finding on the sole factual issue that was remanded for trial in the court’s earlier opinion.