Where a labor union imposed as part of its collective bargaining agreement a seniority system that admittedly discriminated in bad faith against a disfavored employee group at a time when the union owed the disfavored employees no duty of fair representation because it did not yet represent them, may the union subsequently, after the duty of fair representation to those employees has attached, agree to re-implement the same discriminatory seniority system following elimination of the contractual status quo by a bankruptcy court order under 11 U.S.C. § 1113 approving the employer's abrogation of the collective bargaining agreement and its seniority system?

Where a labor union imposed as part of its collective bargaining agreement a seniority system that admittedly discriminated in bad faith against a disfavored employee group at a time when the union owed the disfavored employees no duty of fair representation because it did not yet represent them, may the union subsequently, after the duty of fair representation to those employees has attached, agree to re-implement the same discriminatory seniority system following elimination of the contractual status quo by a bankruptcy court order under 11 U.S.C. § 1113 approving the employer's abrogation of the collective bargaining agreement and its seniority system?