What is the test for representing a unionized member in a grievance?

The courts will only become involved if the internal management of the union's affairs result in a conduct which is in bad faith, discriminatory, arbitrary or seriously negligent. Absent such conduct the duty of fair representation does not entitle a member to insist on any particular union representative to argue his/her case (Manderschied v. CUPE, Local 389, supra, at para.57). 3. Union failed to represent its member and file a grievance following August 23rd discipline ● Findings contrary to the evidence: They can't do that