Bernard v. PEF

CASE SUMMARY

The Fairness Center represented Dolly Bernard, a New York State employee who resigned from her union, the Public Employees Federation, AFL-CIO (“PEF”), in August 2020, but her resignation was ignored while New York officials continued deducting union dues from her paycheck. Ms. Bernard is a contract management specialist for the New York State Division of Criminal Justice Services, Office of Victim Services. She decided that she no longer wanted to be a union member, but the union and the state did not recognize her as a nonmember of the union, nor did they stop taking money from her paycheck. As a result, Ms. Bernard filed a federal lawsuit to vindicate her constitutional rights not to be forced to be associated with or to financially support a union.

After Ms. Bernard filed a federal lawsuit against PEF and the state officials who continued taking dues for the union, the union acknowledged that Ms. Bernard is no longer a union member and refunded, with interest, all the dues taken since the date of her resignation.

Dolly Bernard v. The Public Employees Federation, AFL-CIO; Michael N. Volforte, in his official capacity as Director of the Governor’s Office of Employee Relations; Thomas P. DiNapoli, in his official capacity as the New York State Comptroller

This case was voluntarily dismissed after the plaintiff received the relief she sought.

Press Resources

Backgrounder
December 16, 2020

Court Documents

Complaint
January 20, 2021