Singletary

Plaintiffs appeal dismissal of their claim for breach of the duty of fair representation and breach of contract and collective bargaining agreement against Local 18 of the International Brotherhood of Electrical Workers (Local 18). Plaintiffs are security guards for the City of Los Angeles (City), Department of Water and Power (DWP) and claim that Local 18 failed to ensure that overtime was fairly allotted among the security guards. The trial court dismissed the matter for lack of subject matter jurisdiction, finding that under the Meyers-Milias-Brown Act (MMBA), Government Code section 3509, subdivision (d), 1 the City’s employee relations board (ERB) had exclusive jurisdiction to consider their claims.

On appeal, plaintiffs contend that ERB did not have exclusive subject matter jurisdiction, and that even if it did, they have exhausted their administrative remedies. Defendant Local 18 cross-appeals the trial court’s *38 denial of its motion for sanctions pursuant to Code of Civil Procedure section 128.7 based upon plaintiffs’ filing of a frivolous claim. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

1. Factual Background

Plaintiffs are employees of the DWP.…