Because unions are elected to represent a bargaining unit by a majority vote, any given bargaining unit most likely contains workers who voted against the union. Some of these employees may not be union members or pay union dues. Nonetheless, the duty of fair representation, or DFR, requires unions to represent all bargaining-unit employees fairly.

I. Union Discrimination Violates the DFR

A union breaches the DFR by discriminating against any employee in the bargaining unit. This prohibition...