Xiong v. Fischer, No. 14-2587 (7th Cir. 2015)
Annotate this CaseXiong began working as a Dane County social worker in 1990, covered by a collective bargaining agreement that provided that the Union would assist employees in pre-disciplinary, grievance, and termination processes. In 2012, Xiong’s supervisor, Fischer, learned that Xiong had forged signatures on documents, called in sick after Fischer had denied requests to be excused, failed to meet deadlines for an audit, attended divorce proceedings during work time, and moved a client from one home to another without completing required paperwork. Fischer requested a pre-disciplinary meeting, noting rules that Xiong had broken, and stating that Xiong could respond and have a Union representative present. Having taken unauthorized leave on May 22-23, Xiong did not receive Fischer’s letter until May 24, when he attended the meeting with his union steward. Xiong admitted to the allegations and to failure to pass theLong Term Care Functional Screen Test, required for certification as a social worker. A week later Xiong received a termination letter. Bypassing two steps of the grievance procedure, the Union began Xiong’s appeal with a hearing before the Chief Administrative Officer, who denied the appeal. The Union board voted not to arbitrate Xiong’s case. Rejecting the County’s severance offer, Xiong sued the Union, the Department, and Fischer. The district court granted the defendants summary judgment. The Seventh Circuit affirmed.
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