Fair Representation Doctrine

QUERY: Was the Fair Representation Doctrine created by Congress in the NLRA - presumably under section 8(b)(1)(A) - or is it strictly a creation and interpretation of the courts? Vaca v. Sipes only stated that the Miranda case was the first case in which "a union's breach of its statutory (?) duty of fair representation violates N.L.R.A., section 8(b)." Many thanks.

Professor's Response:

The fair representation doctrine was created by the Supreme Court, and cannot be located in the statutes. As such, although the term cannot be specifically found in the N.L.R.A., a union that does not fairly represent its members has committed an unfair labor practice that violates N.L.R.A. § 8(b).