In Airline Pilots Association,Int'l v.O'Neill,the court determined that a union would not be guilty of breaching their duty of fair representation if:

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The court determined that a union would not be guilty of breaching their duty of fair representation if the agreement is not wholly irrational or arbitrary. This means that the union must have a rational basis for its decisions and actions during negotiations and not act arbitrarily, which can be difficult to prove. The other choices are not relevant to whether a union has breached its duty of fair representation.

In Airline Pilots Association,Int'l V