The Fairness Center https://www.fairnesscenter.org/ 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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CUNY Professors Sue To Break With Anti-Semitic Union https://www.fairnesscenter.org/cuny-professors-sue-to-break-with-anti-semitic-union/ Tue, 25 Jan 2022 15:54:53 +0000 https://www.fairnesscenter.org/?p=1616 Excerpt from original article in the Washington Free Beacon > A City University of New York professor says it is "abhorrent" that New York state law forces him and his colleagues to be represented by a union proven to have ignored instances of anti-Semitism. Kingsborough Community College business department chairman Jeffrey Lax is one of [...]

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Excerpt from original article in the Washington Free Beacon >

A City University of New York professor says it is “abhorrent” that New York state law forces him and his colleagues to be represented by a union proven to have ignored instances of anti-Semitism.

Kingsborough Community College business department chairman Jeffrey Lax is one of six professors suing to sever ties with the Professional Staff Congress, CUNY’s faculty union. Lax was one of the first of 300 professors who resigned from the Professional Staff Congress last year after the union passed a resolution condemning Israel. Lax and his fellow plaintiffs, most of whom are Jewish, say they no longer feel represented by the anti-Zionist union….

The Fairness Center, a law firm that represents public-sector union workers, said the professors’ suit seeks to “vindicate” the First Amendment rights that the New York law strips from the professors by forcing them to work with the union.

“Our clients, most of whom are Jewish, should not be forced to associate with a union that engages in hateful, anti-Israel rhetoric and political activity,” Nathan McGrath, president of the Fairness Center, told the Free Beacon. “But New York law gives them no choice. That’s why they’ve brought this lawsuit to vindicate their constitutional rights of free speech and free association.”

Read the Full Article here: https://freebeacon.com/campus/cuny-professors-sue-to-break-with-anti-semitic-union/

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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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Union Returns Teachers’ Money as Battle Over Constitutional Rights Heads Toward Resolution https://www.fairnesscenter.org/union-returns-teachers-money-as-battle-over-constitutional-rights-heads-toward-resolution/ Tue, 28 Aug 2018 10:43:50 +0000 http://fairnesscenter.wpengine.com/?p=899 Pennsylvania State Education Association Returns Fees to Religious Objectors; Objectors Speak up on Importance of Permanent Resolution Contact: Conner Drigotas, 844-293-1001, conner@fairnesscenter.org August 23, 2018, Harrisburg, Pa. – Four religious objectors to union membership received checks last week from the Pennsylvania State Education Association (PSEA), a return of thousands of dollars the union now acknowledges [...]

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Pennsylvania State Education Association Returns Fees to Religious Objectors; Objectors Speak up on Importance of Permanent Resolution

Contact: Conner Drigotas, 844-293-1001, conner@fairnesscenter.org

August 23, 2018, Harrisburg, Pa. – Four religious objectors to union membership received checks last week from the Pennsylvania State Education Association (PSEA), a return of thousands of dollars the union now acknowledges they have no right to hold. The teachers continue to seek a permanent resolution to a years-long legal battle with the PSEA—a court ruling that their constitutional rights were violated and ensuring they will not be violated again.

As religious objectors to union payments, Fairness Center clients Jane Ladley (now retired, Chester County), Chris Meier (Lancaster County), Linda Misja (Armstrong County), and James Williams (Armstrong County) had the right to support a charity instead of the union. But for years, the PSEA rejected their chosen charities, instead holding their money in escrow and demanding that objectors donate to a charity that advances union viewpoints that led them to become religious objectors in the first place.

That policy led to multiple lawsuits challenging the unions right to indefinitely hold money intended for charity. The Fairness Center, a nonprofit public interest law firm, represents clients from across the state who have had funds withheld from charitable organizations for years.

Following the United States Supreme Court ruling in Janus v. AFSCME, Council 31 in June 2018, public employee nonmembers of unions across the country were able to free themselves from forced fees. For religious objectors in Pennsylvania, Janus also raised questions as to how to handle escrowed money.

The PSEA’s decision to refund escrowed money addresses one of the issues involved in these cases, but it does not address the core issue: whether Pennsylvania law remains constitutional under Janus. That is why Jane and several other Fairness Center clients seek to secure a long-lasting ruling to ensure that Pennsylvania law is struck down under Janus. It remains important to secure such a ruling and enjoin the unions from hurting these teachers again.

After receiving her check from the PSEA, Ms. Ladley chose to donate her money to the Constitutional Organization of Liberty (COOL), an organization that educates Pennsylvanians on the Constitution and founding principles. For years, the PSEA had blocked Ms. Ladley’s efforts to donate her money to COOL on ideological grounds.

“We appreciate the gift that Ms. Ladley is providing to COOL but we are especially excited on her behalf to see her convictions reinforced by the Supreme Court” commented Greg Keiper, Chairman of COOL, “This ruling isn’t simply about money but about how an individual can exercise their God-given liberties by using their own resources as they see fit, without compromising their own values. My hope is that the Supreme Court’s ruling is fully implemented here in Pennsylvania.”

David Osborne, President and General Counsel of the Fairness Center commented, “Now that these funds are delivered to the proper place, the next step can begin: making sure religious objectors are permanently protected from union interference.”

Documents:

Fairness Center President David Osborne is available for comment. Contact Conner Drigotas at 844-293-1001 or conner@fairnesscenter.org to schedule an interview.

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The Fairness Center is a nonprofit public interest law firm offering free legal services to those hurt by public employee union officials. Fairness Center attorneys provide clients with a voice in the court of law and the court of public opinion. For more information visit www.FairnessCenter.org.

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Union Returns Teachers’ Money as Battle Over Constitutional Rights Heads Toward Resolution https://www.fairnesscenter.org/union-returns-teachers-money-as-battle-over-constitutional-rights-heads-toward-resolution-2/ Thu, 23 Aug 2018 20:33:38 +0000 http://fairnesscenter.wpengine.com/?p=1052 Pennsylvania State Education Association Returns Fees to Religious Objectors; Objectors Speak up on Importance of Permanent Resolution Contact: Conner Drigotas, 844-293-1001, conner@fairnesscenter.org August 23, 2018, Harrisburg, Pa. – Four religious objectors to union membership received checks last week from the Pennsylvania State Education Association (PSEA), a return of thousands of dollars the union now acknowledges [...]

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Pennsylvania State Education Association Returns Fees to Religious Objectors; Objectors Speak up on Importance of Permanent Resolution

Contact: Conner Drigotas, 844-293-1001, conner@fairnesscenter.org

August 23, 2018, Harrisburg, Pa. – Four religious objectors to union membership received checks last week from the Pennsylvania State Education Association (PSEA), a return of thousands of dollars the union now acknowledges they have no right to hold. The teachers continue to seek a permanent resolution to a years-long legal battle with the PSEA—a court ruling that their constitutional rights were violated and ensuring they will not be violated again.

As religious objectors to union payments, Fairness Center clients Jane Ladley (now retired, Chester County), Chris Meier (Lancaster County), Linda Misja (Armstrong County), and James Williams (Armstrong County) had the right to support a charity instead of the union. But for years, the PSEA rejected their chosen charities, instead holding their money in escrow and demanding that objectors donate to a charity that advances union viewpoints that led them to become religious objectors in the first place.

That policy led to multiple lawsuits challenging the unions right to indefinitely hold money intended for charity. The Fairness Center, a nonprofit public interest law firm, represents clients from across the state who have had funds withheld from charitable organizations for years.

Following the United States Supreme Court ruling in Janus v. AFSCME, Council 31 in June 2018, public employee nonmembers of unions across the country were able to free themselves from forced fees. For religious objectors in Pennsylvania, Janus also raised questions as to how to handle escrowed money.

The PSEA’s decision to refund escrowed money addresses one of the issues involved in these cases, but it does not address the core issue: whether Pennsylvania law remains constitutional under Janus. That is why Jane and several other Fairness Center clients seek to secure a long-lasting ruling to ensure that Pennsylvania law is struck down under Janus. It remains important to secure such a ruling and enjoin the unions from hurting these teachers again.

After receiving her check from the PSEA, Ms. Ladley chose to donate her money to the Constitutional Organization of Liberty (COOL), an organization that educates Pennsylvanians on the Constitution and founding principles. For years, the PSEA had blocked Ms. Ladley’s efforts to donate her money to COOL on ideological grounds.

“We appreciate the gift that Ms. Ladley is providing to COOL but we are especially excited on her behalf to see her convictions reinforced by the Supreme Court” commented Greg Keiper, Chairman of COOL, “This ruling isn’t simply about money but about how an individual can exercise their God-given liberties by using their own resources as they see fit, without compromising their own values. My hope is that the Supreme Court’s ruling is fully implemented here in Pennsylvania.”

David Osborne, President and General Counsel of the Fairness Center commented, “Now that these funds are delivered to the proper place, the next step can begin: making sure religious objectors are permanently protected from union interference.”

Documents:

Fairness Center President David Osborne is available for comment. Contact Conner Drigotas at 844-293-1001 or conner@fairnesscenter.org to schedule an interview.

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The Fairness Center is a nonprofit public interest law firm offering free legal services to those hurt by public employee union officials. Fairness Center attorneys provide clients with a voice in the court of law and the court of public opinion. For more information visit www.FairnessCenter.org.

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Pa. Supreme Court Grants Wolf’s Wish, Allows Union to Invade Homecare System https://www.fairnesscenter.org/pa-supreme-court-grants-wolfs-wish-allows-union-to-invade-homecare-system/ Tue, 21 Aug 2018 19:57:05 +0000 http://fairnesscenter.wpengine.com/?p=1027 SEIU and AFSCME Given Control of 20,000 Homecare Workers; Disabled and Elderly Stand to Hurt Most Contact: Conner Drigotas, 844-293-1001, conner@fairnesscenter.org August 21, 2018, Harrisburg, Pa.—Twenty thousand home care workers across Pennsylvania are about to have their working relationships with the disabled and elderly invaded by an unwelcome third party at Governor Tom Wolf’s behest. [...]

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SEIU and AFSCME Given Control of 20,000 Homecare Workers; Disabled and Elderly Stand to Hurt Most

Contact: Conner Drigotas, 844-293-1001, conner@fairnesscenter.org

August 21, 2018, Harrisburg, Pa.—Twenty thousand home care workers across Pennsylvania are about to have their working relationships with the disabled and elderly invaded by an unwelcome third party at Governor Tom Wolf’s behest. Today, the Pennsylvania Supreme Court ruled in the governor’s favor in Smith v. Wolf and Markham v. Wolf, enabling a union takeover of a major sector within Pennsylvania’s home care industry.

The ruling overturns an earlier Commonwealth Court decision which invalidated Wolf’s executive order, allowing a union to exercise exclusive representation over certain home care workers. In its 2016 decision, the Commonwealth Court called Wolf’s order “de facto legislation” that violated the separation of powers and further stated that the order “invades the relationship” between a home care worker and care recipient.

But the Supreme Court vacated the Commonwealth Court’s opinion and took a different view. In a 5-2 opinion written by Justice Debra Todd, the Court held that the executive order, while completely unenforceable, nevertheless was “nevertheless a permissible exercise of gubernatorial power.”

“For the last three years, our clients Dave Smith and Don Lambrecht have beaten back Governor Wolf’s attempts to give control of their private employment arrangement to a special interest and campaign donor,” commented David Osborne, president and general counsel for the Fairness Center and attorney for Dave and Don. “Unfortunately, this decision fails to protect their working relationship and decades-long friendship from being invaded by an unwanted union.”

“Because many home care workers serve family members, this ruling unionizes parents against their disabled children, sons and daughters against their elderly parents, and, as with my clients, friends against friends.”

The Supreme Court’s ruling will force all 20,000 Pennsylvania home care workers providing direct care to the elderly and disabled to abide by work rules and restrictions mutually agreed to by the governor and a union backed by the Service Employees’ International Union (SEIU) and American Federation of State, County, and Municipal Employees (AFSCME)—even if the home care workers choose not to join the union. The union is also primed to “skim” union dues from members’ Medicaid- or state-funded paychecks, which could amount to a nearly $8 million annual windfall for the SEIU-backed union. The SEIU has given more than $2 million to Wolf’s election campaigns.

Don, who for more than 27 years has provided in-home care for his friend Dave Smith, a home-bound Phoenixville resident with muscular dystrophy resulting in quadriplegia, says union interference will fundamentally alter the care he can provide.

“Dave needs 24-hour care,” said Lambrecht. “This isn’t the type of job where you clock in and clock out and take an hour for lunch.”

Dave is unsure what the future will hold, but is thankful for the help of his good friend: “Don is really like a part of my family as much as anything.”

The Supreme Court remanded the case to the Commonwealth Court, which will address a related claim that Governor Wolf’s executive order violated homecare workers’ privacy rights.

Case Timeline

  • February 2015: Gov. Wolf issues an executive order enabling the unionization of up to 20,000 home care workers. This would have enabled an SEIU-backed union to siphon millions of dollars in annual dues from home care workers.
  • April 2015: The Fairness Center’s clients Dave Smith, who is homebound with muscular dystrophy and receives in-home care, and Don Lambrecht, Dave’s home care provider, file suit in Commonwealth Court, requesting emergency relief to stop the unionization scheme. The Commonwealth Court issues a preliminary injunction preventing Wolf from further implementing the executive order.
  • October 2016: The Commonwealth Court invalidates Wolf’s order. Wolf appeals the Commonwealth Court’s ruling to the Pennsylvania Supreme Court.
  • November 2016: The Commonwealth Court enjoins Wolf during his appeal to the Pennsylvania Supreme Court from implementing the executive order or anything in accordance with it.
  • Early 2017: The Wolf administration and an SEIU-created nonprofit agree to a mandatory home care worker orientation program as envisioned by the executive order, funneling up to $1.25 million to the union-backed nonprofit.
  • July 2017: The Fairness Center’s clients petition the Commonwealth Court to enforce its permanent injunction and end the orientation program.
  • October 2017: The Wolf administration agrees to suspend the orientation program pending the state Supreme Court’s decision.
  • November 2017: Oral Argument held before the state Supreme Court on Wolf’s appeal of the Commonwealth Court’s October 2016 decision.
  • August 21, 2018: The Pennsylvania Supreme Court rules in Wolf’s favor, overturning the Commonwealth Court’s decision and permitting the unionization of 20,000 home care workers.

Documents:

Fairness Center President David Osborne is available for comment. Contact Conner Drigotas at 844-293-1001 or conner@fairnesscenter.org to schedule an interview.

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Reading Taxpayers Victorious in Ghost Teacher Battle https://www.fairnesscenter.org/reading-taxpayers-victorious-in-ghost-teacher-battle/ Wed, 09 May 2018 17:39:21 +0000 http://fairnesscenter.wpengine.com/?p=935 Teachers’ Union Agrees to Reimburse District for Ghost Teacher Costs; Legislation Would Provide Permanent Solution May 9, 2018, READING, Pa.—For years, the cost of union ghost teachers has haunted one of the nation’s poorest school districts, where taxpayers have funded union operations to the tune of over $500,000 since 2011. But after a nonprofit organization [...]

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Teachers’ Union Agrees to Reimburse District for Ghost Teacher Costs; Legislation Would Provide Permanent Solution

May 9, 2018, READING, Pa.—For years, the cost of union ghost teachers has haunted one of the nation’s poorest school districts, where taxpayers have funded union operations to the tune of over $500,000 since 2011. But after a nonprofit organization representing Reading taxpayers filed a lawsuit to end the practice, this costly backroom deal is finally coming to an end.

Since 2011, Reading School District has paid teachers to leave the classroom and work full-time for the local teachers’ union, the Reading Education Association (REA). These ghost teachers were paid taxpayer-funded salaries, given public pension credits, and accrued teaching seniority despite working solely for the union.

Last year, Americans for Fair Treatment, a non-profit organization dedicated to supporting the rights of public employees, filed a lawsuit in Berks County Court with the help of the Fairness Center to end this abusive practice. A separate complaint was filed with the Public School Employees’ Retirement System (PSERS) disputing state pension credits awarded to Reading’s ghost teachers.

After months of litigation, the REA has agreed in a memorandum of understanding with the District to start reimbursing the school district for ghost teacher costs previously borne by local taxpayers. Meanwhile, PSERS has revoked ghost teaching-related pension credit from at least one of the REA’s ghost teaching union officials.

Today, as a result of the REA’s promise to reimburse for future ghost teacher costs, Americans for Fair Treatment filed papers with the court to have its case discontinued. Despite the REA’s promise to start reimbursing certain ghost teaching costs, the union has refused to repay costs from prior years.

Americans for Fair Treatment issued the following statement: “We’re encouraged to see the Reading teachers’ union come to their senses, but the truth is, ghost teaching is a state problem that the General Assembly must address.”

Two bills pending in the General Assembly would address the ghost teaching arrangement so common across the Commonwealth: SB 494 and HB 164. SB 494, introduced by State Senator Pat Stefano, has already reached the Senate floor after approval by the Senate Education Committee.

“It shouldn’t take a lawsuit to stop taxpayer abuse like this,” commented David Osborne, president and general counsel for the Fairness Center. “Our public schools are paying teachers not to teach.”

In 2012, Reading School District was forced to lay off 110 teachers, along with hundreds of other employees, to save money. During this time, the terms of the REA contract forced the district to continue paying the salary and benefits of a ghost teacher who worked full-time for the union.

More than 20 percent of Pennsylvania’s 500 school districts authorize full-time ghost teachers, according to a statewide survey of school district collective bargaining agreements. Ghost teacher practices in, among other school districts, Erie City School District and the School District of Lancaster were suspended after the Fairness Center’s clients brought attention to this issue via litigation in Philadelphia and Allentown.

A similar lawsuit over ghost teachers in Allentown School District remains before the Lehigh County Court.

The Plaintiff

Americans for Fair Treatment is a nonprofit whose purpose is to equip and empower Americans to receive fair treatment from government union officials. Members of the organization include teachers, public employees who’ve opted out of union membership, taxpayers, and others who support the rights of public employees.

Case documents

David Osborne is available for comment today. Please contact Conner Drigotas at 717- 409-6964 or Conner@fairnesscenter.org to schedule an interview.

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

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PSU Grad Student Files Motion to Intervene, Protect Student Rights in Unionization Fight https://www.fairnesscenter.org/psu-grad-student-files-motion-to-intervene-protect-student-rights-in-unionization-fight/ Mon, 26 Mar 2018 19:13:44 +0000 http://fairnesscenter.wpengine.com/?p=991 State Supreme Court Precedent Says Grad Assistants Can’t be Unionized March 26, 2018, State College, Pa.—Michael Cronin, a doctoral student and graduate assistant, came to Penn State University to get an education, not to join a union. But a union backed by the Pennsylvania State Education Association says that Cronin and his graduate assistant colleagues [...]

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State Supreme Court Precedent Says Grad Assistants Can’t be Unionized

March 26, 2018, State College, Pa.—Michael Cronin, a doctoral student and graduate assistant, came to Penn State University to get an education, not to join a union. But a union backed by the Pennsylvania State Education Association says that Cronin and his graduate assistant colleagues are public employee —and has targeted him and nearly 4,000 other graduate assistants for unionization.

Faced with the prospect of losing the ability to determine his own educational future, Cronin, who studies Energy and Mineral Engineering, filed a motion to intervene in an ongoing legal matter before the Pennsylvania Labor Relations Board (PLRB). He ultimately seeks to halt a union election scheduled for April and overturn a hearing examiner’s decision to designate him a public employee pending legal review.

“I accepted my appointment [at PSU] to further my education,” Cronin stated in an affidavit filed with the PLRB Friday afternoon. “Had I merely sought to earn money as an employee during my time as a doctoral student, I could have and would have done something other than being a graduate assistant.”

A 1977 Pennsylvania Supreme Court decision in Philadelphia Ass’n of Interns & Residents v. Albert Einstein Medical Center, Temple University established that individuals paid to perform work primarily for educational or training purposes could not be unionized. See the case backgrounder (linked below) for more detail.

“State Supreme Court precedent clearly puts graduate assistants like Michael off-limits for unionization,” commented David Osborne, president and general counsel for the Fairness Center, which represents Cronin. “The Court reasoned that because graduate assistants are primarily seeking education, not employment, and because their positions are temporary, they cannot be considered employees and cannot be subjected to exclusive representation. However, the PLRB has ignored this precedent since the mid-1990s, and no legal challenge has been brought since.”

Union elections are expected in April at Penn State University campuses across the state, including University Park, Hershey Medical, and PSU Harrisburg. Should a majority of those voting in the election approve the union, all Penn State University graduate assistants would be forced into a bargaining unit represented by the PSEA-backed Coalition of Graduate Employees (CGE). All graduate assistants would then be forced to abide by the contract and work rules negotiated by the CGE, even if they did not vote for the CGE.

These students could be called on to strike under certain circumstances, potentially delaying their graduation dates and negatively impacting their career opportunities as a result.

“The duties I perform as a function of my service as a graduate assistant are primarily educational and train me for a future career,” continues Cronin’s sworn statement. “I do not consent to the Coalition of Graduate Employees representation. I should be free to speak for myself.”

The Plaintiff:

Michael Cronin is a doctoral student of Energy and Mineral Engineering at Penn State University, where he is working with two faculty advisors on his dissertation and expects to graduate in 2020.

Documents:

Michael Cronin and David Osborne are available for comment.

Contact Conner Drigotas at 844-293-1001 or conner@fairnesscenter.org to schedule an interview.

 

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

The post PSU Grad Student Files Motion to Intervene, Protect Student Rights in Unionization Fight appeared first on The Fairness Center.

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Local 825 Sues State Union in Membership Dispute https://www.fairnesscenter.org/local-825-sues-state-union-in-membership-dispute/ Tue, 06 Mar 2018 19:23:24 +0000 http://fairnesscenter.wpengine.com/?p=1001 Local Firefighters Say State Union Bureaucrats Want to Pick Their Pockets The Fairness Center Contact: Conner Drigotas, 844-293-1001, conner@fairnesscenter.org MARCH 6, 2018, NEW HAVEN, CT.—More than two years ago, New Haven’s International Association of Fire Fighters, Local 825, ended its membership in a state-wide union, the Uniformed Professional Fire Fighters Association of Connecticut (UPFFA). But since [...]

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Local Firefighters Say State Union Bureaucrats Want to Pick Their Pockets

The Fairness Center
Contact: Conner Drigotas, 844-293-1001, conner@fairnesscenter.org

MARCH 6, 2018, NEW HAVEN, CT.—More than two years ago, New Haven’s International Association of Fire Fighters, Local 825, ended its membership in a state-wide union, the Uniformed Professional Fire Fighters Association of Connecticut (UPFFA). But since then, Local 825 has continued to receive bills for UPFFA membership dues—bills that now total over $52,000 and for which the UPFFA is demanding payment.

Today, Local 825 announced a lawsuit, filed yesterday in the Superior Court of Connecticut, Judicial District of New Haven, reaffirming its disassociation from the UPFFA and seeking to bar the UPFFA from collecting membership dues to which it is not entitled.

“State union bureaucrats who don’t fight fires are trying to pick our pockets,” commented Frank Ricci, president of Local 825. “We left the state union more than two years ago, and they aren’t entitled to a cent from us since then—especially after they betrayed our trust by misusing our money. But that hasn’t stopped them from trying to siphon resources away from New Haven’s firefighters.

“Because the state union won’t honor our choice to leave, we’re asking the court to step in. We are risking our lives to fight for the community. We shouldn’t also have to fight state union bureaucrats.”

In January 2016, Local 825 voted unanimously to leave the UPFFA, citing a lack of leadership and diminishing return on investment. The president of the UPFFA recognized Local 825’s decision to terminate their membership but continued sending bills for membership dues while exerting pressure on Local 825 leadership to reconsider.

In February 2016, Local 825 leadership uncovered misappropriation of dues money by the UPFFA, confirming their decision to leave the state organization. The UPFFA has since hired a collections agency to intimidate Local 825 into paying monthly membership dues they do not owe.

“Our choice to leave the state union should be respected,” continued Ricci. “Union bureaucrats are trying to trap us in an organization we don’t want or need and bully us into paying for the privilege. We have no choice but to seek a legal remedy.”

Documents:

Biographical Information:

Frank Ricci is the President of New Haven Fire Fighters Local 825 and a Battalion Chief. He is Contributing Editor and Advisory Board Member for Fire Engineering. In this role he serves on the board of PennWell Fire Group. He is the Drillmaster for the New Haven Fire Department and co-hosts the radio show Politics & Tactics. He has worked as a Fire Department Instructor’s Conference hot instructor and is an FDIC lecturer. Frank has appeared on Hannity, Lou Dobbs, Hardball, NBC Nightly News, Fox & Friends, and other notable news shows. He has won a landmark case before the U.S. Supreme Court and has testified before Congress. Frank has been a lead consultant for Yale on several studies and has lectured at the Reagan Library.

Frank Ricci and Nathan McGrath, vice president and litigation counsel for the Fairness Center, are available for comment. Contact Conner Drigotas at 844-293-1001 or conner@fairnesscenter.org to schedule an interview.

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The Fairness Center is a nonprofit, public interest law firm offering free legal services to those facing unjust treatment from public employee union officials. For more information visit www.FairnessCenter.org.

The post Local 825 Sues State Union in Membership Dispute appeared first on The Fairness Center.

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