Can a plaintiff bring a claim against an employer that it violated the collective bargaining agreement?
MultiRegion, United States of America
The following excerpt is from Magallanez v. Eng'rs & Scientists California, No. 2:11-cv-3466-GEB-EFB PS (E.D. Cal. 2014):
As discussed below, plaintiff may only proceed on his claim against the employer that it a violated the collective bargaining agreement if he can first show that the Union, the exclusive bargaining agent, breached its duty of fair representation. Conkle v. Jeong, 73 F.3d 909, 916-17
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