What is the current state of the law on the duty of fair representation for a union?

Nevertheless, we recognize that any broadening of the duty of fair representation may encourage an increase in fair representation suits that would weaken the financial stability of unions. A weakening of unions' financial stability might, in turn, impair their ability to function effectively as collective bargaining agents. See IBEW v. Foust, 442 U.S. 42, 50-51, 99 S.Ct. 2121, 2126-2127, 60 L.Ed.2d 698 (1979). For this reason, we limit our holding that union negligence may breach the duty of fair representation to cases in which the individual interest at stake is strong and the union's failure to perform a ministerial act completely extinguishes the employee's right to pursue his claim.