What is the impact of an employer's claim against an employee in a collective bargaining agreement?
MultiRegion, United States of America
The following excerpt is from Dowaliby v. National R.R. Passenger Corp., 26 F.3d 130 (9th Cir. 1993):
Where an employer asserts a contractual right to take the contested action, the ensuing dispute is minor if the action is arguably justified by the terms of the parties' collective-bargaining agreement. Where, in contrast, the employer's claims are frivolous or obviously insubstantial, the dispute is major.
Id. at 307 (emphasis added); see also Polich v. Burlington Northern, Inc., 942 F.2d 1467, 1470 (9th Cir.1991).
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