concurring.
I agree that the dispositive issue in these consolidated appeals is whether the union breached its duty of fair representation of Mr. Rupe in his grievance. I also agree that the evidence presented by Mr. Rupe in his action under Section 301 of the Labor-Management Relations Act was insufficient to support a finding that the union breached its duty. I therefore join in the decision to affirm the judgment in favor of the union and to reverse the judgment against Rupe’s former employer. I write separately to express my view that this Court’s decision in Hoffman v. Lonza, 658 F.2d 519 (7th Cir. 1981) mandates this result upon the facts of this case because the union’s actions were not shown to be intentionally detrimental to Rupe.
In the present case the majority cites the majority opinion of Hoffman for the proposition that a union may breach its duty by conduct that is discriminatory or in bad faith. The majority in the present case cites the separate concurring opinion in Hoffman for the proposition that a union may breach its duty by conduct that is “egregiously negligent.” The majority then concludes that Rupe failed to satisfy “either of the standards of proof.”
I agree that the evidence was insufficient to support a finding that the union’s actions *696toward Rupe were “deliberately and severely hostile or irrational.” Hoffman, supra at 522, citing, Motor Coach Employees v. Lockridge, 403 U.S. 274, 301, 91 S.Ct. 1909, 1925, 29 L.Ed.2d 473 (1971). However, the majority opinion in Hoffman rejects the argument that negligent conduct, whether or not it may be characterized as “egregious”, may be the basis for an action for failure to fairly represent under Section 301 and makes it unnecessary for us to go beyond the question whether the union’s conduct was intentionally “dishonest, in bad faith, or discriminatory.” Hoffman, supra at 522 n. 2, citing, Hines v. Anchor Motor Freight, 424 U.S. 554, 571, 96 S.Ct. 1048, 1059, 47 L.Ed.2d 231 (1975).
I disagree with the majority’s suggestion that something like gross negligence on the part of a union may violate the “duty of fair representation.”1 In citing the concurring opinion in Hoffman, the majority here suggests that lack of diligence or that negligence by a union that can be characterized as “egregious” may be sufficient to constitute a breach of the union’s duty. This argument was rejected by the majority in Hoffman, which stated, “[T]he courts may enforce the duty of a union to fairly represent an employee only when the union conduct breaching the duty is intentional, invidious, and directed at the employee, Motor Coach Employees v. Lockridge, 403 U.S. 274, 301, 91 S.Ct. 1909, 1925, 29 L.Ed.2d 473 (1971).” Concepts of “negligence” or “lack of diligence” by definition refer to unintentional conduct, and such conduct may not constitute a breach of the duty to “fairly represent.” On the other hand, the adjectives “arbitrary” and “perfunctory”, which have often been used to describe conduct breaching the duty, by definition refer to intentional conduct, Ruzicka v. General Motors Corp., 523 F.2d 306, 315 (6th Cir. 1975) (McCree, J., concurring). I do not agree with the majority here that “arbitrary” or “perfunctory” conduct includes unintentional, negligent conduct.2 Modifying the concepts of “negligence” or “lack of diligence” with the adjective “egregious” merely defines a degree or level of unintentional conduct. It does not convert that conduct to the intentional conduct required by the Supreme Court cases cited in Hoffman.
Consequently, I am of the view that the majority’s statement that “we need not decide whether a gross lack of diligence, without more, would violate the duty of fair representation,” is inappropriate. That question has already been answered, and, I find it unnecessary to consider whether Rupe presented evidence of gross negligence by the union in handling his grievance.
. As stated in Hoffman, confusion arises by the use of the term “duty of fair representation.” The Supreme Court cases limiting these actions to situations where a union deliberately acts against an employee’s interests clearly demonstrate that the “fairness” of the outcome or the quality of representation is not a primary concern. Hoffman v. Lonza, 658 F.2d 519, 522 (7th Cir. 1981).
. In this vein, I find nonsensical the statement in Robesky v. Qantas Empire Airways, Ltd., 573 F.2d 1082, 1089 (9th Cir. 1978) (cited by the Hoffman concurrence) that,
“Arbitrary” conduct is not limited to intentional conduct. For example, to “ignore a meritorious grievance or process it in a perfunctory fashion” may be arbitrary.
In my view to ignore is to act purposely and therefore intentionally. To act in a perfunctory manner likewise requires intentional conduct that is capricious or superficial. Ruzicka v. General Motors, 523 F.2d 306, 315 (6th Cir. 1975) (McCree, J., concurring).