To us, this victory over California Drywall in trying to dismiss Kirk Avery’s lawsuit goes far beyond the four corners of their motion and the fourteen causes of action plead in the complaint. It is too often that that we see individuals come into our offices whose issues with their employer are preempted by a collective bargaining agreement, thus, truly limiting their ability to stand up for themselves and properly reap the benefits of employment. Today the Courts looked at Kirk Avery’s case and decided that, although there was a collective bargaining agreement entered into, when the companies don’t abide by the terms of the contract, an employee is left with no recourse but to file a lawsuit, and should be afforded this right. This decision should come as relief for others out there who feel unheard, abandoned, or ignored when they file a grievance with their Union.


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