Fultz v. AFSCME, Council 13

Seven Commonwealth employees have filed a federal, class-action lawsuit alleging that the Commonwealth and AFSCME, Council 13 (“Council 13”) unconstitutionally continue to force them to financially support the union even though they are no longer union members. Miriam Fultz, a psychiatric aide at Danville State Hospital, has also asked the court to allow her and several co-plaintiffs to represent a class of state employees who have been similarly injured.

The lawsuit alleges that Council 13 and the Commonwealth never informed these nonmember employees of their constitutional right not to pay the union, and continue to illegally have union dues or fees deducted from these nonmembers’ wages even after they resigned. Council 13 represents tens of thousands of public employees in Pennsylvania who may be subject to this burdensome provision. Ms. Fultz and her colleagues have brought this lawsuit to enforce their right not to financially support a union against their will.

This is the seventh lawsuit filed by Fairness Center clients against Council 13 in order to vindicate their rights to resign union membership and/or recover union dues seized after their resignation. At least ten former members represented by the Fairness Center successfully stopped the Commonwealth from deducting union dues from their paychecks and recovered all the money wrongfully taken from them by Council 13, with interest.