In a labor dispute involving seniority rights between two employee groups of defendant's, district court's dismissal of the complaint is reversed and remanded as, the district court erroneously dismissed plaintiffs' complaint, as 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.
Appeal from the United States District Court for the District of Puerto Rico
Decided January 29, 2010
Opinion by Circuit Judge Baldock
For Appellant: Juan H. Saavedra Castro
For Appellee: Antonio Cuevas Delgado