Pennsylvania Teachers Fight to End Fair Share Fees
Hartnett v. PSEA
Greg Hartnett, a teacher from Indiana County, Pennsylvania, disagreed with how his union handled contract negotiations. When he expressed his concerns and was ignored by union officials he sought to stop paying the teachers’ union. But prior to the Supreme Court’s ruling in Janus v. AFSCME, teachers like Greg could be required to pay a union so-called “fair share” fees, even if they were not union members.
Greg believed this violated his First Amendment rights—and he wasn’t alone. Three other teachers, Elizabeth Galaska, John Cress, and Robert Brough, Jr., also felt that their fair share fees were unconstitutional.
Teachers File Lawsuit to End ‘Fair Share’ Fees
In January of 2017, the Fairness Center filed a lawsuit on behalf of Greg and the other teachers to stop fair share fees. The teachers argued that compulsory union fees assessed to nonmembers violate their constitutional rights of free speech and association. They also argued that teachers and other public employees shouldn’t have to pay for the activity and representation of a union they do not support.
In June 2017, the U.S. District Court for the Middle District of Pennsylvania dismissed the case, citing precedent. Instead of appealing, the case was stayed in October of 2017, pending the outcome of Janus v. AFSCME. The U.S. Supreme Court handed down their decision in Janus in June 2018, making it illegal to force nonmember public employees to pay union fees as a condition of employment. Despite this ruling, Greg’s fight wasn’t over.
Court Requires Union to Abide by Janus
Fair share fee statutes still existed in the contract between the PSEA and Greg’s school district. In September 2018, the Fairness Center filed a motion for summary judgement, asking the court to make the union remove all fair share fee language.
In May 2019, the Pennsylvania Middle District Court denied our client’s request for summary judgment and dismissed the case due to lack of jurisdiction.
On appeal, the Third Circuit Court upheld the lower court’s decision in June 2020 while reinforcing the union’s requirement to comply with the Janus ruling.
Hartnett v. PSEA is closed.
Documents
- Amended Complaint – November 9, 2017
- Motion for Summary Judgement – September 14, 2018
- P.A. Middle District Court Final Order – May 17, 2019
- Notice of Appeal to the Third Circuit – June 2019
Greg Hartnett, a teacher from Indiana County, Pennsylvania, disagreed with how his union handled contract negotiations. When he expressed his concerns, and was ignored by union officials, he sought to stop paying the teachers’ union. But prior to the Supreme Court’s ruling in Janus v. AFSCME, teachers like Greg could be required to pay a union so-called “fair share” fees, even if they were not union members.
Greg believed this violated his First Amendment rights—and he wasn’t alone. Three other teachers, Elizabeth Galaska, John Cress, and Robert Brough, Jr., also felt that their fair share fees were unconstitutional.
Teachers File Lawsuit to End ‘Fair Share’ Fees
In January of 2017, the Fairness Center filed a lawsuit on behalf of Greg and the other teachers to stop fair share fees. The teachers argued that compulsory union fees assessed to nonmembers violate their constitutional rights of free speech and association. They also argued that teachers and other public employees shouldn’t have to pay for the activity and representation of a union they do not support.
In June 2017, the U.S. District Court for the Middle District of Pennsylvania dismissed the case, citing precedent. Instead of appealing, the case was stayed in October of 2017, pending the outcome of Janus v. AFSCME. The U.S. Supreme Court handed down their decision in Janus in June 2018, making it illegal to force nonmember public employees to pay union fees as a condition of employment. Despite this ruling, Greg’s fight wasn’t over.
Court Requires Union to Abide by Janus
Fair share fee statutes still existed in the contract between the PSEA and Greg’s school district. In September 2018, the Fairness Center filed a motion for summary judgement, asking the court to make the union remove all fair share fee language.
In May 2019, the Pennsylvania Middle District Court denied our client’s request for summary judgment and dismissed the case due to lack of jurisdiction.
On appeal, the Third Circuit Court upheld the lower court’s decision in June 2020 while reinforcing the union’s requirement to comply with the Janus ruling.
Hartnett v. PSEA is closed.
Documents
- Amended Complaint – November 9, 2017
- Motion for Summary Judgement – September 14, 2018
- P.A. Middle District Court Final Order – May 17, 2019
- Notice of Appeal to the Third Circuit – June 2019
MEDIA
January 18, 2017: “Their suits, which will take years to resolve, have come days before Donald Trump’s inauguration and a little less than two weeks after Kentucky passed ‘right to work’ legislation, weakening union influence.”
March 9, 2020: “The Pennsylvania State Education Association continues to negotiate provisions to give it ‘fair share fees’ in collective bargaining agreements, despite the fact that the highest court in the land ruled those fees unconstitutional.”
January 18, 2017: “Their suits, which will take years to resolve, have come days before Donald Trump’s inauguration and a little less than two weeks after Kentucky passed ‘right to work’ legislation, weakening union influence.”
March 9, 2020: “The Pennsylvania State Education Association continues to negotiate provisions to give it ‘fair share fees’ in collective bargaining agreements, despite the fact that the highest court in the land ruled those fees unconstitutional.”