Xiong v. Fischer

Dist. Ct. did not err in granting defendants-employer and union’s motion for summary judgment in action alleging that union breached its duty of fair representation by failing to arbitrate employer’s denial of plaintiff’s grievance concerning his termination for workplace violations, as well as employer’s alleged breach of collective bargaining agreement arising out of said termination. Union did not breach said duty, even though it skipped the first and second levels of grievance process, where subject matter of grievance involved decision-makers at first and second levels of grievance process. Moreover, plaintiff could not have achieved return to his job if grievance had gone to arbitration where plaintiff had failed unrelated certification for his job. Plaintiff also failed to present sufficient evidence of due process violation, where: (1) plaintiff had up to one day notice of charges of workplace violations prior to pre-disciplinary meeting; (2) plaintiff learned in greater detail substance of said violations at pre-disciplinary meeting and had admitted to said violations; and (3) employer provided plaintiff with subsequent hearing and opportunity to present his side of story.