What is the test for the duty of fair representation in a personal injury case?

" Arbitrary" conduct is not limited to intentional conduct. For example, to "ignore a meritorious grievance or process it in a perfunctory fashion" may be arbitrary. Vaca v. Sipes, supra, 386 U.S. at 191, 87 S.Ct. at 917. See also Hines v. Anchor Motor Freight, 424 U.S. 554, 96 S.Ct. 1048, 47 L.Ed.2d 231 (1976). While courts have said negligent conduct is not enough to breach the duty of fair representation, these references are to simple negligence

Page 1090