Kmetz v. American Association of University Professors

Summary

The Court affirmed dismissal of Kmetz's claims against the AAUP and its Delaware Chapter. It held that his claims, although labeled as contract, fiduciary-duty, and implied-covenant claims, were essentially claims for breach of the duty of fair representation and therefore had to be pursued before PERB first. Because Kmetz did not exhaust that administrative remedy, the Superior Court lacked jurisdiction.