Under a labor agreement governing construction work at jobsites in California, Steamfitters Local Union No. 342 had the exclusive right to dispatch workers to contractor Contra Costa Electric. Shears, a member of the union for 27 years, was registered for employment through the union’s hiring hall.

Because of his skills and experience, his name was placed on the highest priority “A” list, meaning that he would be among the first employees dispatched for any job. Due to an innocent computer filing error, the union mistakenly dispatched several lower-priority individuals ahead of Shears. When it discovered the error, the union immediately dispatched Shears to the jobsite. Shears filed an unfair labor practice charge with the NLRB, claiming that the union breached its duty of fair representation to him by failing to dispatch him to the job site earlier.

How should the NLRB rule on his complaint? Why?

Explain your answer.