Does a union's decision that a particular grievance lacks sufficient merit to justify arbitration constitute a breach of fair representation?
MultiRegion, United States of America
The following excerpt is from Fristoe v. Reynolds Metals Co., 615 F.2d 1209 (9th Cir. 1980):
(i)f a union's decision that a particular grievance lacks sufficient merit to justify arbitration would constitute a breach of the duty of fair representation because a judge or jury later found the grievance meritorious, the union's incentive to settle such grievances short of arbitration would be seriously reduced.
Vaca v. Sipes, supra, at 192-193, 87 S.Ct. at 918.
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