Jones V. International Union Of Operating Engineers

The defendants filed separate but identical motions to dismiss, generally upon the ground of failure to state a cause of action because, (1) the employer's common-law right to discharge an employee at will was not restricted by the collective bargaining agreement; (2) no right to arbitration was pled; and (3) New Mexico Statutes authorize an employer to discharge for failure of the employee to give a demanded statement of prior disability. The motion also asserts that no facts are alleged upon which the conspiracy count may be founded.