Anna Kertland, Author at The Fairness Center https://www.fairnesscenter.org/author/kertland/ A Nonprofit Public Interest Law Firm Mon, 24 Apr 2023 18:44:02 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.3 Op-Ed: Standing up when my union let me down https://www.fairnesscenter.org/op-ed-standing-up-when-my-union-let-me-down/ Tue, 19 Jul 2022 19:49:08 +0000 https://www.fairnesscenter.org/?p=1764 Originally Published at The Center Square As a single mother, I’ve built my life around my daughter and her evolving needs. She has always filled me with hope, pride, and love. After she began suffering unexplained seizures, though, heartache was unavoidable. Working a demanding job while caring for her hasn’t been easy, but I’ve become [...]

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Originally Published at The Center Square

As a single mother, I’ve built my life around my daughter and her evolving needs. She has always filled me with hope, pride, and love. After she began suffering unexplained seizures, though, heartache was unavoidable. Working a demanding job while caring for her hasn’t been easy, but I’ve become accustomed to overcoming obstacles at home and at work.

My latest challenge involves both—defending myself from a union that made me choose between my daughter’s medical needs and my job.

I’m one of only a few women working as an equipment operator on a PennDOT crew in Venango County, about an hour north of Pittsburgh. I plow snow, operate heavy machinery, and dodge traffic for a living. I’ve been told I’m “a girl in a man’s world,” and in a sense that’s true. The helmets don’t fit. The gloves are too big.

I chose this job not because it was easy, but because it provides stability and benefits for me and my daughter. Plus, there’s a union, AFSCME, Council 13, that says it’s on my side.

I know unions. My dad had a union job for over 40 years. For me, it’s been 10 years. In a union, seniority trumps nearly everything. A coworker once told me, “All you have is your seniority.” It affects every aspect of the job, and every day of seniority matters. It’s the difference between working out in the cold or operating equipment in comparative comfort. It determines whether I drive 10 miles to work or 50.

Seniority is why I can keep a full-time job while caring for my sick daughter.

In March of 2020, the pandemic hit PennDOT like most other employers, and I was briefly paid to stay home. Soon, I got a call and had to choose—right then on the phone—to use my paid time off (PTO) or go on unemployment.

To me, unemployment was terrifying. I felt like I’d be dependent on someone else to put food on the table. I’d also sacrifice income and seniority. My PTO, though, allowed me to care for my daughter when seizures made her unable to walk and to take her to specialists for treatment.

I was backed into a corner and didn’t know the right answer. I ended up exhausting nearly all my PTO before we resumed work.

Soon, I found out that one PennDOT crew in the county kept working and avoided my agonizing decision. This crew included the union president, his relatives, and other union officials—all men. Some of them had less seniority than me.

I was stunned. I never questioned whether the union would honor seniority rights. It’s written into our contract. I could—should—have been working on that crew instead of burning through my PTO.

But in a crisis, my local union officials watched each other’s backs and put me and my daughter at risk by making their own rules.

Many of my colleagues were affected, but none had the motivation I did to push back. I’ve had to delay an overnight test for my daughter because I no longer had the time off. I called the union’s headquarters in Harrisburg expecting they would somehow make it right, but I got no help or even sympathy.

If I didn’t know it before, I knew it then: Sometimes being a mother means standing up when everyone else has let you down.

I couldn’t afford a lawyer, but I researched a law firm, the Fairness Center, that is representing me for free. In April, I filed a lawsuit to ensure my union follows its legal duty to fairly represent me and, of course, does not discriminate against me because I’m a woman.

No matter what happens in court, I assure you that nothing will keep my daughter from getting the care she needs. It will either be hard, or it will be harder—but I will find a way.

Yes, the union and its “boys’ club” should honor seniority rights. No, I shouldn’t have to file a lawsuit to get what I’ve earned. But we’ll be okay. Because, at the end of the day, making sure everything is okay is what being a mother is all about.

Mindy McFetridge is a PennDOT transportation equipment operator in Venango County and is the recipient of a PennDOT Workplace Hero award.

 

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Teachers Win Eight-Year Battle with PSEA: Judge Says Pa. ‘Fair Share’ Law Unconstitutional https://www.fairnesscenter.org/teachers-win-eight-year-battle-with-psea-judge-says-pa-fair-share-law-unconstitutional/ Fri, 27 May 2022 19:14:19 +0000 https://www.fairnesscenter.org/?p=1711 The Fairness Center Contact: 844.293.1001, media@fairnesscenter.org Teachers Win Eight-Year Battle with PSEA: Judge Says Pa. ‘Fair Share’ Law Unconstitutional Supreme Court’s Janus decision makes state law unenforceable May 26, 2022, Harrisburg, Pa.—A Lancaster County judge has said Pennsylvania’s public-sector “fair share” fee law is unconstitutional and enjoined the Pennsylvania State Education Association (PSEA) from [...]

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The Fairness Center

Contact: 844.293.1001, media@fairnesscenter.org

Teachers Win Eight-Year Battle with PSEA: Judge Says Pa. ‘Fair Share’ Law Unconstitutional
Supreme Court’s Janus decision makes state law unenforceable

May 26, 2022, Harrisburg, Pa.—A Lancaster County judge has said Pennsylvania’s public-sector “fair share” fee law is unconstitutional and enjoined the Pennsylvania State Education Association (PSEA) from enforcing it against two public schoolteachers. According to the judge’s order, the “fair share” law is unconstitutional under the U.S. Supreme Court’s landmark 2018 decision in Janus v. AFSCME, Council 31, which prohibited public employee unions from collecting fees from nonmembers as a condition of public-sector employment.

The ruling comes nearly eight years after now-retired Chester County teacher Jane Ladley and Lancaster County teacher Chris Meier filed a lawsuit against the PSEA, Pennsylvania’s largest teachers’ union, in 2014.

“This judgment is a long-overdue victory for teachers and other public employees,” said Ladley. “I believe union officials have been fighting to keep so-called ‘fair share’ fee provisions in contracts to confuse employees who don’t know their rights. Now, there’s a court order that should stop union officials in their tracks if they try to collect those fees.”

Explaining the ruling’s significance, Nathan McGrath, president and general counsel for the Fairness Center, commented: “The judge unequivocally stated that Pennsylvania’s ‘fair share’ fee law is unconstitutional under Janus. To my knowledge, this is the first time a state court has issued such a ruling.”

Teachers Object to Union Payments on Religious Grounds

Ladley and Meier initially objected to paying the PSEA on religious grounds. Before the Janus ruling, PSEA officials could force teachers to pay union fees, but state law allowed religious objectors to send money to a charity of their choosing in lieu of paying fees to a union. But for years, PSEA officials rejected Ladley’s and Meier’s chosen charities and demanded that the money go to charities approved by the union. After Janus, though, PSEA officials returned the money to the teachers.

PSEA Repeatedly Ignored the Janus decision

Although PSEA officials returned Ladley’s and Meier’s money, the union and its local affiliates continued to include “fair share” fee provisions in at least 20 collective bargaining contracts signed after the Janus decision. Union officials threatened Dave Perrotti, a Scranton-area public schoolteacher, with collection notices for union fees after he resigned from the PSEA, three years after the Janus ruling made them illegal. Perrotti became a client of the Fairness Center and successfully defended his rights. Meanwhile, Pennsylvania law continued to allow for “fair share” provisions. Ladley and Meier pursued their case to clarify how the Janus decision impacted state law.

Judge Says ‘Fair Share’ Fee Law Violates Janus

On Monday, a Lancaster County judge issued an order stating, “[The PSEA] is enjoined from any application of Pennsylvania’s Fair Share Fee Law against [Ladley and Meier] as said law is unconstitutional under the Supreme Court’s decision in Janus v. AFSCME, Council 31.”

Fairness Center attorneys are available for comment.

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The Fairness Center is a nonprofit, public interest law firm offering free legal services to those hurt by public-sector union officials. For more information visit www.FairnessCenter.org

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Erie court issues summary judgment against union for concealing retirement benefit option https://www.fairnesscenter.org/https-www-thecentersquare-com-pennsylvania-erie-court-issues-summary-judgment-against-union-for-concealing-retirement-benefit-option-article_bb6b22e6-5cef-11eb-8417-db5838053144-html/ Thu, 18 Feb 2021 15:21:03 +0000 https://www.fairnesscenter.org/?p=1273 A state court issued a summary judgment this month against the union representing Erie Water Works employees for concealing a retirement plan option during contract negotiations in 2017. Erie Court of Common Pleas Judge Daniel J. Brabender, Jr. said in an order filed Jan. 13 that the American Federation of State, County and Municipal Employees [...]

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A state court issued a summary judgment this month against the union representing Erie Water Works employees for concealing a retirement plan option during contract negotiations in 2017.

Erie Court of Common Pleas Judge Daniel J. Brabender, Jr. said in an order filed Jan. 13 that the American Federation of State, County and Municipal Employees Local 2206 breached its duty “to act in good faith and in a reasonable manner” when union leaders misrepresented the retirement benefit options offered by the water company.

Read the full story at www.thecentersquare.com

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