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Heise v. Nat'l R.R. Passenger Corp. (Amtrak)

Amtrak Engineer's Suit Over Pay Dispute Time-Barred Under Six-Year Limit on Breach Claims

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Pro se plaintiff Richard Anton Heise II brings this civil action against Defendants National Railroad Passenger Corporation (“Amtrak”), Lisa Hubbard (“Hubbard”), and Kevin Graham (“Graham”) (collectively, “Defendants”). See Dkt. No. 30 (“Amended Complaint”). Presently before the Court is Defendants’ motion to dismiss pursuant to 12(b)(6) and Rule 12(c) of the Federal Rules of Civil Procedure. See Dkt. Nos. 32 (“Motion to Dismiss”), 32-3 (“Defendants’ Memorandum of Law”). Plaintiff has opposed the motion to dismiss, Dkt. Nos. 36 (“Opposition”), 36-1 (“Plaintiff’s Memorandum of Law”), and Defendants have replied, Dkt. No. 39 (“Reply”). For the reasons that follow, the Court grants the Motion to Dismiss. II. BACKGROUND A. Factual History The following factual allegations are assumed to be true. See Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, 76 (2d Cir. 2015). Plaintiff has been employed in the railroad industry since 2003. Am. Compl. 8. He has maintained his Locomotive Engineer’s license since 2007, and is currently a Locomotive Engineer for Amtrak. Id.

3, 8. In October 2011, Plaintiff applied for an open Passenger Engineer Trainee position with Amtrak. Id. 9. The job application listed two rates of pay: one for apprentice engineers and one for those who possessed experience and certification as a Locomotive Engineer under the federal regulations. Id. In December 2011, Plaintiff was invited to interview for the position. Id. 10. Mr. Kevin Graham, a Human Resources Manager, Mr. Richard Carroll, Road Foreman of Engines, and Mr. Richard Nunziato of the Brotherhood of Locomotive Engineers (the “Union”) were present at the interview. Id.

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