A union did not breach its duty of fair representation when it refused to take action on behalf of a member who was fired from a company in charge of placing ad posters throughout New York City’s subway system.

Southern District of New York Judge Sidney H. Stein, in Jordan v. Viacom Outdoor Group, 05 Civ. 5497, said that the union — Local 153, Office and Professional Employees International Union, AFL-CIO — had the discretion not to arbitrate the case.

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