Lynn Breininger filed suit under Section 301 against his union, the Sheet Metal Workers' Union, asserting that the union violated its duty of fair representation to him by discriminating against him in hiring hall referrals. He alleged that he was denied job referrals by union officials at the union's hiring hall in retaliation for his opposition to those officials at a recent union election. The hiring hall was established under a multiem-ployer collective bargaining agreement. He alleged that the union's conduct was arbitrary, discriminatory, and in bad faith. The union defended that Breininger failed to allege a fair representation claim, as the union was acting essentially as an employer in the hiring hall context, matching up job requests with available personnel. It stated that it did not
"represent" the employees as bargaining agent in this function.

What standard applies to determine whether a union has violated its duty of fair representation? Do you believe that a union is relieved of its duty of fair representation when it is required to act essentially as an employer in the operation of a hiring hall, allocating jobs to competing applicants? Decide. [Breininger v. Sheet Metal Workers, Local No. 6, 493 U.S. 67 (1989)]