John Paul Stevens

“ Although we conclude below that the Court of Appeals erred in reversing summary judgment on the arbitrariness component, see Part IV, infra, we express no opinion on whether respondents have put forth a triable issue concerning whether ALPA acted in bad faith.↑ "There is nothing to indicate that the Union made any choices among the Union members or the strikers who were not Union members other than on the best deal that the Union thought it could construct; that the deal is somewhat less than not particularly satisfactory is not relevant to the issue of fair representation." ”

“ There is, however, a critical difference between governmental modification of the terms of a private agreement and an examination of those terms in search for evidence that a union did not fairly and adequately represent its constituency. Our decisions have long recognized that the need for such an examination proceeds directly from the union's statutory role as exclusive bargaining agent. " [T] he exercise of a granted power to act in behalf of others involves the assumption toward them of a duty to exercise the power in their interest and behalf." ”

“ Therefore, only the fair representation claim is before us.↑ The Court of Appeals described respondents' claims as follows:↑ "Accepting the pilots' evidence as true as we are required to do, a jury could reasonably conclude that if ALPA had unconditionally offered to return the pilots to duty, [Continental] likely would have returned striking pilots to work according to seniority, and would have permitted strikers to bid for vacancies according to [Continental] 's seniority-based assignment procedures." ”

“ We doubt, moreover, that a bright line could be drawn between contract administration and contract negotiation. Industrial grievances may precipitate settlement negotiations leading to contract amendments, and some strikes and strike settlement agreements may focus entirely on questions of contract interpretation. ”

“ Under this doctrine, the exclusive agent's statutory authority to represent all members of a designated unit includes a statutory obligation to serve the interests of all members without hostility or discrimination toward any, to exercise its discretion with complete good faith and honesty, and to avoid arbitrary conduct. ”

“ The Court of Appeals reversed. 886 F.2d 1438 (CA5 1989) . It first rejected ALPA's argument that a union cannot breach its duty of fair representation without intentional misconduct. The court held that the duty includes " 'three distinct' " components. Id., at 1444 (quoting Tedford v. Peabody Coal Co., 533 F.2d 952, 957, n. 6 (CA5 1976) ) . A union breaches the duty if its conduct is " 'arbitrary, discriminatory, or in bad faith.' " 886 F.2d, at 1444 (quoting Vaca v. Sipes, 386 U.S., at 190, 87 S.Ct., at 916) . ”