Is there a right of contribution against the government when a union representing employees in the federal sector breaches its duty of fair representation?

MultiRegion, United States of America

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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