United States First Circuit

In a labor dispute involving seniority rights between two employee groups of defendant's, dismissal of the complaint is reversed and remanded as the district court erroneously dismissed plaintiffs' complaint since the factual allegations are sufficient under section 301 to establish plaintiffs' standing and sustain their claim that defendant, by entering into a side agreement with the other employees designed to procure an arbitration award, breached the CBA and effectively repudiated its arbitration provision, thereby estopping defendant from posing the defense of exhaustion.

Appellate Information

• Decided 01/29/2010
• Published 01/29/2010

Judges

• BALDOCK, Circuit Judge., Before TORRUELLA, BALDOCK, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Juan H. Saavedra Castro for appellants.


• For Appellees:
  
• Antonio Cuevas Delgado for appellee.