Does an employer have an obligation under a collective bargaining agreement to resort to intraunion appellate procedures?

The employer may properly assert that the employee has an obligation under the collective bargaining agreement to resort to intraunion appellate procedures for this limited purpose (as a method by which fair representation may be regained and the grievance procedure revised). To raise this defense, however, the employer must establish that an intraunion appeal could result in reversal of the union's refusal to press the grievance and that the grievance could be reinstated in accordance with the provisions of the collective bargaining agreement. (Harrison v. Chrysler Corp., supra, 558 F.2d at 1279.)