The duty of fair representation is an issue that, like Gaul, can be divided into three separate parts: (1) Has the arbitrator a responsibility in the conduct of a hearing wherein he or she suspects that there may be a question as to whether the grievant is being fairly represented? (2) Should the courts defer to arbitration when they find that a union has violated its duty of fair representation (DVR) either by failing to arbitrate a prosumptively meritorious grievance or by engaging in conduct that so taints an arbitration proceeding that the award is in all probability invalid on the merits? (3) In Ihose cases that are remanded to arbitration by the courts, administrative agencies, or internal union review bodies, is the arbitrator's responsibility different from that exercised in nondeferral cases?
While the first issue has received considerable attention,' the second and third have received less and are the most troublesome. A brief review of the literature highlights these distinctions.