HARRIS v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Filing 9

MEMORANDUM AND OPINION. Signed by Judge Ellen S. Huvelle on September 9, 2011. (AG)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

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Plaintiff
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v.
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WASHINGTON METROPOLITAN AREA
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TRANSIT AUTHORITY,
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Defendant.
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__________________________________________)
MARLON J. HARRIS,

Civil Action No. 11-0891 (ESH)

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.

Date: September 9, 2011

/s/
ELLEN SEGAL HUVELLE
United States District Judge