Douglas Kuroda worked for the Hertz Corp.

He and his supervisor had a heated argument in which Kuroda told his boss, “You may have a master’s degree but you don’t know shit.” The supervisor instructed Kuroda to punch out for the day, but Kuroda refused to leave until security officers escorted him off the premises.

Hertz fired him, and Kuroda filed a grievance.

The union represented Kuroda at an arbitration hearing. During the hearing, the union made no objection to certain evidence that the company offered to demonstrate why it fired Kuroda. The arbitrator ruled in favor of the company. Kuroda sued his union (and also Hertz). What kind of claim is he making against the union? Is he likely to win his claim?