TWU Local 234 potential Strike
The Transportation Workers Union, Local 234, announced a potential strike if its contract demands are not met. SEPTA employees represented by Local 234 should know their rights surrounding a strike and how to access legal representation if needed.
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The Fairness Center is a nonprofit law firm that provides free legal services to those hurt by public-sector union officials. We advocate for our clients both in the court of law and the court of public opinion.
WHO WE SERVE:
Our clients are public employees and others defending their constitutional rights, facing union retaliation, fighting unfair representation, or demanding accountability for corruption by union officials.
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WHO WE ARE: The Fairness Center is a nonprofit law firm that provides free legal services to those hurt by public-sector union officials. Our clients are public employees and others who are defending their constitutional rights, facing union retaliation, fighting unfair representation, or demanding accountability for corruption by union officials.
Informational Notice
On October 27, 2024 the Philadelphia Inquirer reported that members of the Transport Workers Union, Local 234 voted to authorize union officials to call a strike against the Southeastern Pennsylvania Transportation Authority (SEPTA) if no contract deal is met. In speaking to NBC Philadelphia, TWU, Local 234 president Brian Pollitt said:
“SEPTA must negotiate in good faith so we can get a deal by the deadline. Make no mistake, while a strike would not happen before or on Election Day, if there’s no agreement by midnight on November 7, our members will not report to work and SEPTA will not be able to provide transit service. Anyone using public transit late that evening – or anytime the following week – should be aware that SEPTA management is creating this risk by failing to address our safety concerns and other matters.”
SEPTA responded to TWU’s announcement in a statement obtained by ABC 6 Philadelphia:
“SEPTA is in ongoing talks with TWU Local 234 regarding a new contract. We are committed to engaging in good-faith negotiations, with the goal of reaching an agreement that is fair to our hard-working employees and to the customers and taxpayers who fund SEPTA.”
On November 7, CBS Philadelphia reported that a strike would not commence as negotiations continued, but Pollitt said a strike remained possible in future:
“The possibility of a strike is still there, we’ll be back on the table at 2 o’clock. I said it to most, all the reporters that I talked to, look, I’m going to do whatever I can and all the power that I have to try to avoid a strike.”
TWU and SEPTA narrowly avoided a strike last year, coming to an agreement and pushing the contract negotiations back another year.
Your Rights Surrounding a Strike
Courts and labor boards have allowed unions to discipline and/or fine union members who did not participate in a strike in certain circumstances. The Fairness Center takes no position on whether you should or should not be a union member. But if you do not want to participate in a strike, you may want to resign your union membership as quickly as possible, before continuing to work, and keep a record of the date of your resignation.
You have the right not to be a union member as a public employee, which federal courts in Pennsylvania have recognized. The Fairness Center has helped many clients who were told they could not resign from a union (including because of a “maintenance of membership” provision in their contract) or who felt pressured to join (or to not leave) a union.
NOTE: If you have questions about this topic, or think you have a legal issue, consider contacting a lawyer. Fairness Center lawyers represent clients for free and can be reached here or at 844.293.1001. We strongly encourage you to pursue with haste any legal claim you believe you may have, as the mere passage of time may prevent you from exercising possible legal claims.
Under Pennsylvania law, certain strikes are legal, but others can be illegal. In addition, some public employees, like certain first responders or corrections employees, are prohibited from striking. Pennsylvania Management Directive 590.5 summarizes which strikes may be illegal with the following examples:
- A strike during the term of a collective bargaining agreement.
- A strike after the expiration date of a collective bargaining agreement, when the labor organization has not complied with the requirements of Sections 801 and 802 of Act 195.
- A strike in violation of a court-ordered injunction.
- A strike by police personnel covered by the terms of Act 111, Policemen’s and Firemen’s Collective Bargaining Act of 1968, or by corrections officers and other personnel at prisons or mental hospitals covered by the terms of Section 805 of Act 195.
NOTE: If you have questions about this topic, or think you have a legal issue, consider contacting a lawyer. Fairness Center lawyers represent clients for free and can be reached here or at 844.293.1001. We strongly encourage you to pursue with haste any legal claim you believe you may have, as the mere passage of time may prevent you from exercising possible legal claims.
The Fairness Center takes no position on whether you should or should not be a union member. Many unions have rules that govern whether and how members who have resigned can rejoin, so you should be familiar with the rules of your specific union if you are concerned about this issue.
NOTE: If you have questions about this topic, or think you have a legal issue, consider contacting a lawyer. Fairness Center lawyers represent clients for free and can be reached here or at 844.293.1001. We strongly encourage you to pursue with haste any legal claim you believe you may have, as the mere passage of time may prevent you from exercising possible legal claims.
The Fairness Center has helped many clients who have argued that their First Amendment rights were violated when they were forced to be union members against their will. We have also represented clients who were told they could not resign from the union or who felt pressured to join (or to not leave) the union.
NOTE: If you have questions about this topic, or think you have a legal issue, consider contacting a lawyer. Fairness Center lawyers represent clients for free and can be reached here or at 844.293.1001. We strongly encourage you to pursue with haste any legal claim you believe you may have, as the mere passage of time may prevent you from exercising possible legal claims.
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Philadelphia firefighters Joe Farrell and Pat Viola allege that union officials intentionally deprived firefighters of their full pension benefits. They suspect that union officials did this to preserve for themselves the opportunity to maximize pension benefits. Their lawsuit seeks to expose the truth. (Note: Photo dramatized)
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Philadelphia Cases
Philly Firefighters File Class-Action Lawsuit Over Pension Concealment
Farrell & Viola v. IAFF, Local 22
Philadelphia firefighters Joe Farrell and Pat Viola allege that union officials intentionally deprived firefighters of their full pension benefits. They suspect that union officials did this to preserve for themselves the opportunity to maximize pension benefits. Their lawsuit seeks to expose the truth. (Note: Photo dramatized)
For decades, Pa. school districts allowed teachers to leave the classroom to work full-time for teachers’ unions at taxpayer expense. Our clients’ lawsuits in Philadelphia, Allentown, and Reading exposed this practice and sparked statewide reform. (Note: Photo dramatized)
“Going against an entity that had no longer represented my views was terrifying for me. In a world of uncertainty, it was comforting to know I was in capable hands with the Fairness Center.”