Some exceptions to the Doctrine of the Exhaustion of Administrative Remedies
1. The individual must be in the negotiating unit represented by the union when the breach of the union’s duty of fair representation is alleged to have occurred;*** and
2. In the event the individual has standing to claim a breach in his or her union’s duty of fair representation, the fact that the individual disagrees with the union’s action or negotiating position does not, without more, constitute proof of union’s failure of its duty of fair representation.