Wilson v. Service Employees Internat. Union, Local
This is an appeal from a judgment of dismissal after an order sustaining a demurrer. Plaintiff Nicoluis E. Wilson (Wilson) filed a lawsuit against her former union, Service Employees International Union, Local 1000 (SEIU), after it declined to represent her in pressing a grievance against another union member. In her second amended complaint, she alleged two claims against SEIU: for fraudulent concealment, based on SEIU’s failure to disclose its discretionary authority not to assist her, and for constructive discharge, based on SEIU’s failure to assist her with her grievance. SEIU demurred, and the trial court sustained the demurrer without leave to amend on the ground the Public Employment Relations Board (PERB) had exclusive initial jurisdiction over the matter.
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