Harris v. Washington Metropolitan Area Transit Authority ( 2011 )


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  •                             UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF COLUMBIA
    )
    MARLON J. HARRIS,                         )
    )
    Plaintiff                     )
    )
    v.                            )                    Civil Action No. 11-0891 (ESH)
    )
    WASHINGTON METROPOLITAN AREA              )
    TRANSIT AUTHORITY,                        )
    )
    Defendant.                    )
    __________________________________________)
    MEMORANDUM OPINION
    Upon consideration of defendant’s motion for summary judgment (Def.’s Mot. for
    Summ. J., July 6, 2011 [dkt. #6], plaintiff’s statement of material facts (Pl.’s Statement, August
    9, 2011 [dkt. #7]) and defendant’s reply (Def.’s Reply, Aug. 11, 2011 [dkt. #8]), defendant’s
    motion will be granted. Nothing in plaintiff’s reply raises a material issue of fact to undercut the
    fact that the grievance procedures of the collective bargaining agreement between WMATA and
    the union provide plaintiff’s exclusive remedy under Section 66 of the WMATA compact, see
    Sanders v. WMATA, 
    819 F.2d 1151
    , 1156-57 (D.C. Cir. 1987); Office & Prof. Empl. Int’l Union
    v. WMATA, 
    724 F.2d 133
    , 137 (D.C. Cir. 1983), and this is not in any way affected by the issue
    of whether plaintiff signed or received the March 3, 2010 “last chance” settlement agreement
    under which he was reinstated from his initial termination.
    Accordingly, defendants’ motion will be granted and the case dismissed with prejudice.
    /s/
    ELLEN SEGAL HUVELLE
    Date: September 9, 2011                       United States District Judge
    

Document Info

Docket Number: Civil Action No. 2011-0891

Judges: Judge Ellen S. Huvelle

Filed Date: 9/9/2011

Precedential Status: Precedential

Modified Date: 10/30/2014