The following excerpt is from Leath v. Stetson, 686 F.2d 769 (9th Cir. 1982):
On appeal, the Union is making the novel argument that we should create a right of contribution when a union representing employees in the federal sector breaches its duty of fair representation. Such a right was created by implication for private sector employees in Vaca v. Sipes, 386 U.S. 171, 195-98, 87 S.Ct. 903, 919-21, 17 L.Ed.2d 842 (1967), but we need not decide whether such a right of contribution against the government exists because there was no waiver of sovereign immunity.
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