MEMORANDUM AND ORDER
This matter is before the court on the separate motions for summary judgment submitted by defendants United Food and Commercial Workers Local Union No. 576 (“Union”) and Ohse Foods, Inc. (“Ohse Foods”), a division of Hudson Foods, Inc.
*576 NATURE OF THE CLAIM
Plaintiff Anthony John Valdivia (“plaintiff’) alleges that he was discharged from employment by Ohse Foods for excessive absenteeism, in breach of its collective bargaining agreement with the defendant Union. He further alleges that the defendant Union, his collective bargaining agent, breached its duty of fair representation. Plaintiff states a hybrid § 301/duty of fair representation claim, grounded in § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. See United Steelworkers of America v. Rawson, 495 U.S. 362, 373, 110 S.Ct. 1904, 1911, 109 L.Ed.2d 362 (1990); DelCostello v. Internartional Bhd. of Teamsters, 462 U.S. 151, 165, 103 S.Ct. 2281, 2291, 76 L.Ed.2d 476 (1983); Vaca v. Sipes, 386 U.S. 171, 177, 87 S.Ct. 903, 910, 17 L.Ed.2d 842 (1967); Baker v. Interstate Brands Corp., 801 F.Supp. 456, 458 (D.Kan.1992); McLinn v. Boeing Co., 715 F.Supp. 1024, 1029 (D.Kan.1989).
JURISDICTION AND VENUE
This action was originally filed in Shawnee County District Court on November 15,1991. The defendants subsequently removed it to this court pursuant to 28 U.S.C. §§ 1441 and 1446. The court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 and 29 U.S.C. § 185(a). Venue is proper under 28 U.S.C. § 1391(b)(2).
SUMMARY JUDGMENT GUIDELINES
Under Fed.R.Civ.P. 56(c), the court is compelled to render summary judgment on behalf of a moving party if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Essentially, the inquiry is “whether the evidence presents a sufficient disagreement to require submission to the jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 2511-12, 91 L.Ed.2d 202 (1986). An issue of fact is genuine if the evidence is sufficient for a reasonable jury to return a verdict for the nonmoving party. Id. at 248, 106 S.Ct. at 2510.
The moving party has the burden of showing the absence of a genuine issue of material fact. This burden “may be discharged by ‘showing’ — that is, pointing out to the district court — -that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). “[A] party opposing a properly supported motion for summary judgment may not rest on mere allegations or denials of his pleading, but must set forth specific facts showing that there is a genuine issue for trial.” Anderson, 477 U.S. at 256, 106 S.Ct. at 2514. Thus, the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. Id.
The court must consider factual inferences tending to show triable issues in the light most favorable to the existence of those issues. United States v. O’Block, 788 F.2d 1433, 1435 (10th Cir.1986). The court must also consider the record in the light most favorable to the party opposing the motion. Bee v. Greaves, 744 F.2d 1387, 1396 (10th Cir.1984), cert. denied, 469 U.S. 1214, 105 S.Ct. 1187, 84 L.Ed.2d 334 (1985).
FACTS
For the purpose of deciding the pending summary judgment motions, the court makes the following findings of fact, which are supported by the record when construed in the light most favorable to the plaintiff as the party opposing summary judgment.
Anthony Valdivia began his employment at Ohse Foods on March 28, 1988.1 Defendant Union was designated the exclusive collective *577bargaining agent for production workers at Ohse Foods. Plaintiff became a member of the Union shortly after he was employed by Ohse Foods as a production worker.
Prior to the date plaintiff was hired, rules and regulations on absenteeism were adopted by the company with the defendant Union’s-input. Characterized by the parties as a “no-fault” absenteeism policy, it permitted employees at least four and one-half unexcused absences from work within any six-month period, in addition to approved vacation time and excused absences for specified reasons such .as funeral leave or hospitalization. However, if an employee exceeded the number of permissible unexcused absences in any six-month period, the policy provided for imposition of a four-step disciplinary process:
If an employee’s absences, minus the largest occurrence*, exceeds [sic] four and one half (4}é) days per 6 month period, the following action will be taken by the immediate supervisor:
1) First offense — Written or Verbal Warning
2) Second Occurrence — 6 month period immediately following the first offense-— One Day In Plant Suspension
3) Third Occurrence — Same 6 month period as Step 2 — One Week In Plant Suspension
4) Fourth Occurrence — Same 6 month period as Step 2 — Termination
As interpreted and applied by Ohse Foods, the first absence in excess of the limit in any six-month period was also deemed to be the first “occurrence” for purposes of the six-month fixed disciplinary period-for excessive absences.
Pursuant to the absenteeism policy, plaintiff received warning letters for excessive unexcused absences on August 25, 1988 (first occurrence), August 30, 1988 (second occurrence), and October 12, 1988 (third occurrence).2 The six-month disciplinary period expired, however, before he incurred a fourth unexcused absence, which would have otherwise subjected him to termination.
Effective November 5, 1988, a new collective-bargaining agreement took effect. Under the agreement, Ohse Foods was precluded from discharging any employee except for just cause, defined as violating company rules or policies including, but not limited to, such things as sleeping on the job and consuming alcohol or drugs on company premises. The agreement also reserved to Ohse Foods the management right to adopt reasonable rules and regulations not in violation of the terms and conditions of the agreement.
While negotiating the new agreement, the Union proposed a change in the absenteeism policy to provide that the unexcused absence triggering imposition of the four-step disciplinary process for excessive absenteeism would not also count against the employee as an “occurrence” for purposes of the subsequent six-month disciplinary period. However, the company rejected the proposed change during negotiations, and the absenteeism policy continued in force as then interpreted and applied by the company.3
*578Thereafter, plaintiff received warning letters pursuant to the absenteeism policy on April 10, 1989 (first occurrence), April 19, 1989 (second occurrence), and May 10, 1989 (third occurrence). As in 1988, however, the plaintiff did not reach the fourth step of the disciplinary process because he logged only three “occurrences” within the applicable six-month disciplinary period. Plaintiff subsequently had several additional unexeused absences from work in the latter half of 1989.
Plaintiff was again absent from work on January 4 and 5, 1990. .These absences triggered plaintiffs third six-month disciplinary period for excessive unexcused absences within two years after he was hired. Plaintiff was given a written warning on January 7, 1990, informing him that the next occurrence would trigger a one-day in-plant suspension. On February 7, 1990, he was given another written warning following his unexcused absences on February 5 and 6, informing him that the next occurrence would result in a one-week in-plant suspension. On March 5, 1990, he was again given a written warning after his unexcused absence on March 2, 1990. This warning letter stated that the next occurrence would result in his termination. Plaintiff did not file grievances concerning any of the written warnings he received in 1988, 1989, or 1990.4 Nor does he contend that any of these absences should have been deemed excused absences under the policy.
On July 7, 1990, a Saturday, plaintiff knew he was expected to work overtime during his regular -shift. However, he telephoned the plant supervisor prior to the time he was to start work and reported that he would not be in.5 The plant superintendent, John Gaffney, asked whether he would be at work the next day, and the plaintiff responded that he would. On Sunday, plaintiff worked his regular shift. However, when he reported to work on Monday, July 9, 1990, he was informed he had been terminated for excessive absenteeism, because he had reached the fourth step of the disciplinary process.
After he was told he was terminated, plaintiff inquired of the union stéward, James Lundgren (“Lundgren”), whether there was anything he could do to get his job back, and specifically whether Lundgren thought plaintiff should file a grievance. Construed in the light most favorable to the plaintiff, the evidence indicates that Lundgren stated he did not think filing a grievance would do any good.6 Having thought it over while returning home from work, plaintiff called Tim McGrew (“McGrew”), the Union’s business representative, and explained the situation to him.7 Plaintiffs position was that his third six-month disciplinary period for excessive absences began on January 5, 1990, the day he was actually absent from work, and ended July 5, 1990. Since his last absence was on July 7, 1990, after the six-month disciplinary period had elapsed according to his calculations, he believed that absence should not have triggered his termination. Plaintiff asked McGrew to file a grievance for him. McGrew agreed to do so, although he did not indicate whether he believed plaintiffs grievance had merit.
*579Over the next few days, McGrew contacted Les Broadbent (“Broadbent”), the plant manager, and sought reinstatement of plaintiff. His efforts were unsuccessful. On July 13, 1990, McGrew called plaintiff and told him that Broadbent had refused to give him his job back. When plaintiff asked about the next step, McGrew indicated that the grievance process was underway. That same day, McGrew wrote a letter to Broadbent, stating that because they were unable to resolve plaintiffs termination at the meeting, the Union was filing a formal grievance regarding his termination. A standard grievance form was filed by McGrew on plaintiffs behalf dated July 13, 1990. Although the pre-printed form contained a space for the em-' ployee’s signature as well as that of the union representative, McGrew did not obtain plaintiffs signature on the form.8
A couple of weeks after he was terminated, plaintiff read the collective bargaining agreement provisions concerning grievance procedures to determine what process McGrew was undertaking on his behalf.9 After reading the agreement, plaintiff concluded that he should have filed a written grievance over his signature.10
In a telephone conversation in August 1990, McGrew indicated to plaintiff that “something went wrong” and that “[plaintiff] could sue him if [he] wanted.” McGrew did not indicate to plaintiff just what had gone wrong. This evidence supports an inference that McGrew discovered that the procedure he had used for pursuing the grievance was flawed in some way, to the detriment of the plaintiff.
In a letter dated September 13, 1990, McGrew informed the plaintiff that the Union had determined, after consulting with legal counsel, that the Union would not be successful before a neutral arbitrator if it were to pursue arbitration of plaintiffs grievance.11 The letter explained that plaintiff *580had a right to appeal this decision to the Union Executive Board, and plaintiff successfully did so.
At the arbitration hearing on July 25,1991, counsel for the Union argued plaintiffs position — that the six-month disciplinary period leading to his termination had in fact elapsed on July 5, 1990, exactly six months after the absence that triggered imposition of the probationary period. Ohse Foods disagreed, arguing that the absenteeism rules and regulations had been consistently interpreted to start the six-month disciplinary period on the date the employee receives written warning that he is on the first step of the four-step disciplinary process, in this case, January 7, 1990. The company argued that because plaintiff had his fourth unexcused absence on July 7 within six months of January 7, the date of his first “offense,” defined by the company as the written warning, he was properly terminated únder the absenteeism policy.
The arbitrator determined the dispute in favor of Ohse Foods on the reasoning that the plaintiff had not signed the grievance form, noting he was without authority to alter or ignore the collective bargaining agreement’s requirement that plaintiff personally sign the grievance form.12 The arbitrator’s written decision was issued on September 9, 1991.
Plaintiff filed suit less than three months after the adverse arbitration determination, claiming that Ohse Foods discharged him in violation of the collective bargaining agreement and that the Union breached its duty of fair representation.
INTERRELATION OF PLAINTIFF’S CLAIMS
Plaintiffs essential claim is that Ohse Foods violated the collective bargaining agreement by discharging him for excessive absences. He is entitled to bring this suit on his own behalf under 29 U.S.C. § 185(a)’. See Hines v. Anchor Motor Freight, Inc., 424 U.S. 554, 562, 96 S.Ct. 1048, 1055, 47 L.Ed.2d 231 (1976); Smith v. Evening News Ass’n, 371 U.S. 195, 200, 83 S.Ct. 267, 270, 9 L.Ed.2d 246 (1962). However, since his claim is based on breach of the collective bargaining agreement, he is bound by the terms of that agreement governing the manner in which his contractual rights may be enforced. See Vaca v. Sipes, 386 U.S. 171, 184, 87 S.Ct. 903, 913, 17 L.Ed.2d 842 (1967) (citing Republic Steel Corp. v. Maddox, 379 U.S. 650, 85 S.Ct. 614, 13 L.Ed.2d 580 (1965)); Aguinaga v. John Morrell & Co., 602 F.Supp. 1270, 1273 (D.Kan.1985) (citing Republic Steel).
Nevertheless, the United States Supreme Court has recognized that such contractual remedies, devised by and often directly controlled by the union and the employer, may be unworkable for individual grievants in certain situations. Vaca, 386 U.S. at 185, 87 S.Ct. at 914. Consequently, the Court has recognized that a plaintiff may seek judicial enforcement of his contractual right if he can prove that the Union, as bargaining agent, breached its duty of fair representation in handling his grievance, thereby frustrating his attempts to vindicate his termination by contractual remedy. See Vaca, 386 U.S. at 186, 87 S.Ct. at 914. In such a case the court may determine whether plaintiffs suit against the employer is barred on the basis of the actions of his union representative on his behalf, and, if not, to proceed on to decide the case against the employer. Id. at 186-87, 87 S.Ct. at 914-15; see also United Parcel Service, Inc. v. Mitchell, 451 *581U.S. 56, 62, 101 S.Ct. 1559, 1563-64, 67 L.Ed.2d 732 (1981) (indispensable predicate for action against employer under 29 U.S.C. § 185(a) is a demonstration that union breached its duty of fair representation). Otherwise, a wrongfully discharged employee-could be frustrated in obtaining a remedy against the employer solely because his union breached its separate duty to fairly represent him in pursuing the grievance process. Id,.; see also Hines v. Anchor Motor Freight, Inc., 424 U.S. at 570, 96 S.Ct. at 1059.
If the Union did not breach its duty of fair representation in pursuing plaintiffs grievance, his claim against Ohse Foods for wrongful discharge necessarily also fails, because of the exclusive nature of the remedies provided plaintiff by the collective bargaining agreement. See Vaca, 386 U.S. at 185, 87 S.Ct. at 914 (if union has sole power to invoke higher stages of grievance procedure, and if employee has been prevented by the union from exhausting his contractual.remedies by wrongfully refusing to process the grievance, employee may sue employer despite failure to secure relief through contractual remedy); Jarvis v. Nobel/Sysco Food Services Co., 985 F.2d 1419, 1422 (10th Cir. 1993) (because most collective bargaining agreements accord finality to grievance or arbitration procedures, employee normally cannot bring § 301 action against employer unless he can show union breached its duty of fair representation) (quoting Local No. 391 v. Terry, 494 U.S. 558, 564, 110 S.Ct. 1339, 1344, 108 L.Ed.2d 519 (1990)).
Consequently, plaintiff may sue Ohse Foods directly for wrongful discharge, but only if he can establish that the defendant Union breached its duty of fair representation. In order to prevail in a court action against the employer under 29 U.S.C. § 185(a), the plaintiff must first prove the union breached its duty of fair representation, and further that he was wrongfully discharged by the employer in breach of the contract. However, proof that the grievance against the employer was meritorious is insufficient by itself to show a breach by the Union of its duty of fair representation. See Vaca, 386 U.S. at 193, 195, 87 S.Ct. at 918, 919; McLinn v. Boeing Co., 715 F.Supp. 1024, 1031, 1033 (D.Kan.1989) (citing Salinas v. Milne Truck Lines, Inc., 846 F.2d 568, 569 (9th Cir.1988) and Brown, v. Trans World Airlines, Inc., 746 F.2d 1354, 1359 (8th Cir. 1984)).
When the employee’s grievance is ultimately arbitrated or otherwise brought to ultimate binding resolution under the collective bargaining agreement, resulting in a finding in favor of the defendant employer, the plaintiff must bear a heavier burden to prevail in court on his wrongful discharge claim. See DelCostello v. International Bhd. of Teamsters, 462 U.S. 151, 155, 157, 103 S.Ct. 2281, 2285, 2286, 76 L.Ed.2d 476 (1983); United Parcel Service, Inc. v. Mitchell, 451 U.S. at 58, 61, 101 S.Ct. at 1561-62, 1563 (employee may go behind final and binding award under collective bargaining agreement and seek relief against union and employer only if he shows the union’s breach of duty seriously undermined the integrity of the arbitral process); Hines v. Anchor Motor Freight, Inc., 424 U.S. at 567-68, 96 S.Ct. at 1058 (if union’s breach of duty seriously undermines the integrity of the arbitral process, it removes the bar of the finality provisions of the contract).
If plaintiff cannot demonstrate a breach of the Union’s duty of fair representation, he is limited to his exclusive contractual remedies, which concluded in this case with the arbitrator’s decision that the plaintiff waived his grievance by failing to personally sign the grievance form. If the plaintiff cannot survive defendant Union’s motion for summary judgment on the issue of its duty of fair representation, his wrongful discharge claim against Ohse Foods automatically fails. On the other hand, if plaintiff survives the Union’s motion for summary'judgment, he may prevail against Ohse Foods if he can establish at trial that (1) the Union breached its duty of fair representation and (2) he was discharged in violation of the collective bargaining agreement. Plaintiff need not establish a violation of the collective bargaining agreement, however, in order to survive the Union’s motion for summary judgment.13
*582 DUTY OF FAIR REPRESENTATION
Plaintiff claims that the Union breached its statutory duty of fair representation it owed to him as his collective bargaining agent. Specifically, he contends that the Union breached its duty by (1) yielding to the company’s insistence on retaining the current absenteeism rules and regulations in negotiating the November 1988 agreement despite the fact that the rules and regulations were inconsistent with the collective bargaining agreement; (2) dissuading him from filing a grievance; (3) misrepresenting to him that the grievance process was underway; and (4) failing to get plaintiffs signature on the grievance form.
The United States Supreme Court has identified three components to the duty of fair representation. The duty may be breached if the Union’s actions are either “arbitrary, discriminatory, or in bad faith.” Air Line Pilots Ass’n v. O’Neill, — U.S. -, -, 111 S.Ct. 1127, 1130, 113 L.Ed.2d 51 (1991); Vaca v. Sipes, 386 U.S. at 177, 190, 87 S.Ct. at 910, 916-17. The United States Supreme Court has held that mere negligence, even in the enforcement of a collective bargaining agreement, does not state a claim for breach of the duty of fan-representation. United Steelworkers of America v. Rawson, 495 U.S. 362, 372-73, 376, 110 S.Ct. 1904, 1911, 1913, 109 L.Ed.2d 362 (1990). The doctrine of fair representation is a purposefully limited check on the arbitrary exercise of union power, because a statutory bargaining representative must be allowed a wide range of reasonableness in serving the unit it represents. Id. at 374, 110 S.Ct. at 1912 (citing Ford Motor Co. v. Huffman, 345 U.S. 330, 338, 73 S.Ct. 681, 686, 97 L.Ed. 1048 (1953)).
Plaintiff does not contend that the union discriminated against him in any way in handling the grievance.14 Therefore, the issue in this case is whether the Union acted arbitrarily or in bad faith. A union’s actions are arbitrary only if, in light of the factual and legal landscape at the time of the union’s actions, the union’s behavior is so far outside a wide range of reasonableness as to be irrational. Air Line Pilots Ass’n v. O’Neill, — U.S. at -, -, 111 S.Ct. at 1130, 1136. A union’s conduct is in bad faith only if there is substantial evidence of fraud, deceitful action, or dishonest conduct. Humphrey v. Moore, 375 U.S. 335, 348, 84 S.Ct. 363, 371, 11 L.Ed.2d 370 (1964); see Aguinaga v. John Morrell & Co., 602 F.Supp. 1270, 1275 (D.Kan.1985) (plaintiff alleged conspiracy between union and employer to circumvent collective bargaining agreement by reopening employer’s plant under different name).
The plaintiff initially argues that the 1988 absenteeism policy was contrary to the terms of the collective bargaining agreement itself, and the .Union therefore breached its duty of fair representation by agreeing to the policy. The court does not find any *583inconsistency between the absenteeism policy and the terms and conditions of the collective bargaining agreement. Even if there were, however, the plaintiff never filed a grievance challenging the validity of the absenteeism rules and regulations generally, or their application to him in particular. To the extent plaintiff contends that the Union breached its duty of fair representation in negotiating the agreement, the defendants correctly argue that the six-month statute of limitations expired as to any such challenge long before the plaintiff filed his complaint in this action. See DelCostello v. International Bhd. of Teamsters, 462 U.S. 151, 155, 103 S.Ct. 2281, 2285, 76 L.Ed.2d 476 (1983) (aggrieved employee must file hybrid § 301/fair .representation claim within six months of the unfair labor practice, in this case the alleged breach of the union’s duty).15
Plaintiffs primary arguments are that the Union breached its duty of fair representation by initially dissuading him from filing a grievance, and by failing to obtain his signature on the grievance form. However, an employee has no absolute right to have the union take his grievance through every stage of the grievance process. Chernak v. Southwest Airlines Co., 778 F.2d 578, 581 (10th Cir.1985) (citing Vaca, 386 U.S. 171, 87 S.Ct. 903 (1967)); Baker v. Interstate Brands Corp., 801 F.Supp. 456, 464 (D.Kan. 1992); McLinn v. Boeing Co., 715 F.Supp. 1024, 1031 (D.Kan.1989). Nor can the plaintiff compel the union to pursue a grievance having no legal merit.16 Chernak, 778 F.2d at 581.
The court’s careful review of the record on summary judgment reveals no factual controversy material to the issue of whether the defendant Union complied with its duty to fairly represent the plaintiff in pursuing his grievance. Construing the record in the light most favorable to the plaintiff, the court cannot conclude that there is any material issue of disputed fact as to whether the Union breached its duty of fair representation by acting arbitrarily or in bad faith.
Plaintiff had a record of unexcused absences that were well documented. He had been placed on the six-month disciplinary program for excessive absenteeism on two prior occasions during his relatively brief tenure at Ohse Foods. He was placed on the disciplinary program a third time on January 7,1990. After incurring three unexcused absences, he was warned in writing of the possibility of discharge if he were again absent within his third ' six-month disciplinary period. The plaintiff acknowledged that he understood the rules and regulations on excessive absences and the written warnings regarding his unexcused absences.
The court need not, and does not, decide whether plaintiffs discharge by the employer violated the collective bargaining agreement or the rules and regulations. However, the court cannot conclude that any reasonable juror could find that the Union’s actions with regard to plaintiffs grievance were so far outside a wide range of reasonableness as to be irrational. See Air Line Pilots Ass’n v. O’Neill, — U.S. at -, 111 S.Ct. at 1130. Nor has the plaintiff identified any facts that could be the basis of a conclusion that the alleged breach of duty by the Union seriously undermined the integrity of the arbitral process. See United Parcel Service, Inc. v. *584Mitchell, 451 U.S. 56, 61, 101 S.Ct. 1559, 67 L.Ed.2d 732 (1981); Hines v. Anchor Motor Freight, Inc., 424 U.S. 554, 567-68, 96 S.Ct. 1048, 1058, 47 L.Ed.2d 231 (1976).
The record before the court may well support an inference that some of the Union representatives were negligent in failing to strictly follow the grievance procedure set out in the collective bargaining agreement, or in failing to obtain the plaintiffs signature on the grievance form. However, mere negligence on the part of union representatives is not a sufficient basis on which to rest a finding of a breach of the. duty of fair representation. See United Steelworkers of America v. Rawson, 495 U.S. 362, 372-73, 376, 110 S.Ct. 1904, 1911, 1913, 109 L.Ed.2d 362 (1990); Le’Mon v. N.L.R.B., 952 F.2d 1203, 1205 (10th Cir.1991), cert. denied, — U.S. -, 113 S.Ct. 93, 121 L.Ed.2d 55 (1992).17
Further, the plaintiff has not alleged facts sufficient to support his claim that the defendant Union acted in bad faith. It is uncon-troverted that Tim McGrew prepared a grievance form on behalf of the plaintiff, and he met on plaintiffs behalf with Les Broad-bent, the plant manager, to try to negotiate his reinstatement. After this request was denied, McGrew consulted with other union officials and determined that the grievance would not be submitted to arbitration. How-, ever, when plaintiff appealed this decision, he succeeded in persuading the Union Executive Board to arbitrate his discharge. At the full-day arbitration hearing, the Union’s attorney advocated for plaintiffs position that the six-month disciplinary period should have started on January 5 and ended July 5, 1990, and if so, his unexcused absence on July 7, 1990, would not have triggered his discharge under the rules and regulations on excessive absenteeism. While the arbitrator determined that the plaintiffs argument had merit, he concluded that the plaintiff had waived his grievance by failing to sign the grievance form. Under the collective bargaining agreement, the arbitration decision is final and binding on both the plaintiff and defendant employer.
Plaintiff does not contend that any of the Union representatives harbored any personal hostility toward him or acted on the basis of any improper motive. At most, the evidence simply supports an inference that some of the union representatives did not believe plaintiff had a meritorious claim. Where there are rational, good faith reasons for not pursuing a grievance, the fact that the grievance may have ultimately turned out to have merit on a technical construction of the absenteeism rules and regulations does not, by itself, support a finding of bad faith or perfunctory conduct. See Vaca v. Sipes, 386 U.S. at 190-95, 87 S.Ct. at 916-19. Nor has plaintiff submitted more than a scintilla of evidence in support of his claim that McGrew misrepresented that the grievance process was underway. Even assuming McGrew did make such a misrepresentation, the fact that the grievance was ultimately arbitrated by the Union and Ohse Foods shows that the grievance ultimately followed the process envisioned in the collective bargaining agreement.
In summary, plaintiff has failed to present sufficient acceptable evidence to demonstrate the existence of any factual issues precluding summary judgment in favor of defendant Union, given the substantial deference the law accords the Union in representing its members. See McLinn v. Boeing Co., 715 F.Supp. at 1032.
CONCLUSION
Because the plaintiff has not shown the existence of any genuine issue of material fact pertinent to his claim against the Union for breach of its duty of fair representation, the court must grant summary judgment in favor of defendant Union. As a consequence, plaintiff is barred as a matter of law from pursuing his wrongful discharge claim against his former employer, Ohse Foods. *585He is'limited to his grievance and arbitration remedies under the collective bargaining agreement, which have been exhausted.
IT IS BY THE COURT THEREFORE ORDERED that the motion of defendant United Food and Commercial Workers Local Union No. 576 for summary judgment (Doc. 64) is hereby granted.
IT IS FURTHER ORDERED that the summary judgment motion (Doc. 67) of defendants Ohse Foods, Inc., a division of Hudson Foods, Inc., is hereby granted.
IT IS FURTHER ORDERED that the parties’ pending motions in limine (Does. 52, 63, 78, and 82) are hereby denied as moot.