Breach of the duty of fair representation by the union

The union must treat all of its union members fairly. A union may not treat a union member in a manner that is arbitrary, discriminatory, or in bad faith. A union need not take up every grievance or take every grievance to arbitration, nor must the union seek judicial review of an award unfavorable to the employee or judicial enforcement of a favorable award. In all such cases, the unions decision not to act must be in good faith. A considerable discretion is vested in the union, both in its dealings with management and its dealings with individual union members.

The duty of fair representation is breached where the union induces the employer to discriminate against an employee on the basis of arbitrary classification such as race or citizenship. Unions may not determine membership solely on the basis of sex. Unions may not discriminate against non-union employees, for example making an example of a non-union employee to encourage other non-union employees to join the union. The union may not act solely out of political expediency. Also, the union may not handle grievances or other duties in reckless disregard of an employee's rights, or in a manner that is determined to be gross negligence.