a grievance from Step 1 to Step 2. (See CBA § 24.3 (“Failing satisfactory settlement in Step 1, the Union representative may submit the grievance to the Department Manager or his designee ...”)) (emphasis added). 5 B ecause Plaintiffs have sufficiently pleaded facts plausibly showing that Union Defendants’ refusal to prosecute their grievance regarding Williams’ promotion was arbitrary, the Court need not also determine whether their refusal to process the grievance regarding Freeman was arbitrary. Tompkins v. United Healthcare of New England, Inc., 203 F.3d 90, 93 (1st Cir. 2000) (“The complaint will survive as long as it pleads sufficient facts to warrant recovery on any cognizable theory of the case.”); see also Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008) (<HOLDING>) (quoting Twombly, 127 S. Ct. at 1969 n.8). 6
holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief  holding that motion to dismiss should be denied if in view of what is alleged it can reasonably be conceived that the plaintiffs  could upon a trial establish a case which would entitle them to relief holding that if there is any issue of fact which remains upon a motion for summary judgment the motion must be denied holding that a pro se complaint  should not be dismissed unless it appears that the plaintiff can prove no set of facts which would entitle him to relief holding that a statutory discrimination will not be set aside if any state of facts reasonably may be conceived of to justify it