The union's duty of fair representation stems from a clause in the collective bargaining contract that requires the union to give each employee equal treatment.

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The duty of fair representation is a legal obligation that unions owe to their members and is not derived from a clause in the collective bargaining contract but from federal labor laws, specifically the National Labor Relations Act. This duty requires the union to represent all members of the bargaining unit fairly, without discrimination or bad faith.

The Union's Duty of Fair Representation Stems from a Clause