How has the collective bargaining agreement been interpreted by the courts?

MultiRegion, United States of America

The following excerpt is from Samsing v. S & P COMPANY, 325 F.2d 718 (9th Cir. 1963):

The collective bargaining agreement simply set out the administrative procedures to be followed in settling grievances. The complaint alleged that "plaintiff has exhausted all of the administrative remedies provided for in said labor agreement or he has attempted to so comply." Appellee asserts that this allegation is to be ignored as "a mere conclusion, wholly uninformative as to what he claimed to have done to comply or attempt to comply." We think it was sufficient to withstand a motion to dismiss, for "the Federal Rules of Civil Procedure do not require a claimant to set out in detail the facts upon which he bases his claim." Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 102-103, 2 L.Ed.2d 80 (1957).

Reversed and remanded.

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