OK, so I just read pages and pages of the same old arguments. It ultimately goes to the jury and the jury instructions look like this, because these were jury instructions from DFR 1.
"A union breaches or violates its duty of fair representation when, in the course of
negotiating a collective bargaining agreement, the union's conduct toward a member of the bargaining unit it represents is discriminatory or in bad faith. In this case, the union violated its duty if it adopted and submitted its seniority proposal for a reason or reasons that are not legitimate union objectives.
A union has a duty to represent the employees in the bargaining unit fairly and
impartially. This duty includes the requirement that the union's actions must be taken in good faith and with an honest purpose.""
Duh