In Hussey v. Operating Engineers Local Union No. 3 (Hussey) (1995) 35 Cal.App.4th 1213, the employee union member was terminated for unexcused absences from work. (Id. at p. 1216.) The employee told his union representative a fabricated story that his truck had broken down on the freeway and a Highway Patrol officer had picked him up, and that the employee would get a written statement from the Highway Patrol officer. However, the employee did not provide the statement or any other corroborating evidence, and the union representative did not learn the story was fabricated until shortly before the employee's appeal hearing before the Civil Service Commission. Prior to the hearing, the representative attempted to locate Highway Patrol records concerning stranded motorist pickups, but was informed it did not keep such records. She also attempted to meet with the employee, but he missed one meeting and showed up late for another, and did not wish to prepare for his testimony. The employee told her he did not want his job back. After a decision was rendered, the employee did not tell her whether he wanted to comment on the decision, although the union representative attempted to contact him. The employee disputed this version of events, claiming he advised her of his fabrication before his termination hearing, and claimed that he was informed of the decision. At the appeal hearing, the representative did not mention employee's story, nor did she call any witnesses. (Id. at p. 1216-1217.) Hussey rejected the employee's claim that the union's failure to call witnesses and respond to the Commission's decision constituted breach of the duty of fair representation. Because the story was fabricated, the representative was unable to locate the purported witnesses, but the representative had made an investigation of the employee's story. Although the union failed to comment on the decision, such comments were not required and the representative made every attempt to inform the employee of the decision. At most, her failure to file any comments would constitute negligence, and was not arbitrary, discriminatory, or in bad faith. (Hussey, supra, 35 Cal.App.4th at p. 1220.)