A union has failed to discharge its duty of fair representation when

Question

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The duty of fair representation requires a union to represent all members of the bargaining unit fairly and impartially. If a union's agreement with an employer is wholly irrational or arbitrary, it may be found to have breached its duty of fair representation. In contrast, choices A, C, and D do not necessarily indicate a breach of the duty of fair representation. A majority of union members may not always be satisfied with the terms of a collective bargaining agreement, but as long as the union has bargained in good faith, it has discharged its duty. Similarly, while refusing to bargain may be a violation of labor law, it does not necessarily indicate a breach of the duty of fair representation. Finally, while paying dues is an obligation of union membership, failure to do so does not reflect on the union's representation of its members.

A Union Has Failed to Discharge Its Duty of Fair