Nat'l Labor Relations Bd. v. American Postal Workers Union

In National Labor Relations Bd. v. Postal Workers (C.A.8, 1980), 618 F.2d 1249, 1255, the Eighth Circuit held that "`[a]rbitrary conduct alone may suffice to establish a violation of the duty of fair representation' but that `[m]ere negligence, poor judgment or ineptitude are insufficient to establish a breach of the duty of fair representation.'"