Holding that employees can challenge final decision of arbitrator only if they "prove . . . the Union's breach of duty tainting the decision of the [arbitrator]"
Holding that a labor organization must represent all members of a "craft or class of employees . . . regardless of their union affiliations or want of them"
In Griffin v. International U., U.A.W., 469 F.2d 181 (4th Cir. 1972), the court stated that a union could not refuse to process a grievance without reasons.
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.'"
Finding no breach of the duty of fair representation where, in an effort to make the best out of a bad situation, the union's "drawing of a line" inevitably hurts someone
In Thompson v. Brotherhood of Sleeping Car Porters, 316 F.2d 191 (4th Cir. 1963), the court pointed out that "disparate treatment in representation cannot be tolerated" and that "any discrimination in treatment must be based upon relevant, non-invidious distinctions."
Recognizing that summary judgment can be a proper method for disposing of DFR cases where material issues of fact have been settled in the record and only issues of law remain