In the face of the recession in 2008 more and more collective agreements now provide for "two tier" structures whereby current wage levels and benefits were retained for current workers while new hires were to be paid significantly less and enjoy much lower levels of benefits. Do these two-tier systems breach the duty of fair representation? make certain to address the import, if any, of the definition of "employee" contained in 29 U.S.C. 152(3).