2. After being on sick leave for half a year because of high blood pressure, Owens attempted to return to work. Owens’s family physician had approved his return to work, but Owens’s employer’s company physician felt that Owens’s blood pressure was too high to return, and the employer discharged him.

Owens filed a grievance over his discharge, and the union processed the grievance through the grievance procedure. In preparation for taking Owens’s grievance to arbitration, the union had Owens examined by another physician; that doctor also believed that Owens should not return to work. In light of their doctor’s opinion, the union decided not to take Owens’s grievance to arbitration.

Owens demanded that his grievance be arbitrated, but the union refused. Owens then sued the union and the employer in state court, alleging breach of the collective agreement and of the duty of fair representation.

How should the court decide Owens’s claims against the union? Against the employer? Explain your answers. See Vaca v. Sipes [368 U.S. 171

(1967)].