Truesdell

ORDER RE: MOTION TO DISMISS FED. R. CIV. PRO. 12(B)(6)

This action arises out of Plaintiffs employment under the terms of a collective bargaining agreement (“CBA”), attempted termination of that employment, and subsequent grievance and arbitration proceeding. Plaintiff is dissatisfied with the procedures and the outcome of that arbitration, in which she was awarded reinstatement but no back pay. Defendants have filed the instant Motion to Dismiss. This Motion is appropriate for submission without oral argument. See Fed. R. Civ. Pro. 78; Local Rule 7.11. Accordingly, the noticed hearing date of April 23, 2001 is VACATED. Defendants’ Motion to Dismiss is GRANTED. Plaintiffs hybrid claim for breach of CBA/duty of fair representation is hereby DISMISSED, with leave to amend. Plaintiffs “claim” for va-catur/review of the arbitration award is DISMISSED, with prejudice.

I. BACKGROUND

Plaintiff DYAN TRUESDELL (“Plaintiff,” or “Truesdell”) is or was an employee of Defendant SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP (the “Medical Group”) under a CBA negotiated with or by Defendant THE HOSPITAL AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 399 (“SEIU Local 399”) (collectively,…