Pa. Employee Sues Union & State Over Broken Contract

Longtime Pennsylvania Public Utility Commission (PUC) employee Todd Burns was next in line for a promotion under the terms of his union-negotiated contract, but a less qualified and less senior colleague who happened to be friends with the hiring manager got the job instead. Todd turned to his union for help—but it refused to defend the terms of its own contract.

In Burns v. AFSCME, Council 13, Todd alleges that state and union officials worked together against him so that he wouldn’t get the promotion he’d earned. The outcome of the case could have significant ramifications for public employees across Pennsylvania seeking fair representation from their unions.

Public Utilities Commission Breaks Union-Negotiated Contract

In 2018, Todd took a job at the PUC specifically because the position was covered by a union contract. He also joined the American Federal of State, County, and Municipal Employees, Council 13 (AFSCME), which had negotiated the contract.

After earning the highest possible rating for his position—“outstanding”—Todd applied for a promotion. To the best of his knowledge, Todd was the most qualified and the most senior applicant, and under his union-negotiated contract, if candidates for promotion have equal qualifications, seniority determines who gets the position.

But the PUC gave the position to someone less qualified and less senior than Todd—a candidate who was also a friend and former colleague of the hiring manager. This violated the terms of Todd’s contract, so he turned to AFSCME—the union that had negotiated the contract in the first place—for help.

“I was shocked at the blatant rule breaking, but that’s why I had joined the union in the first place. I knew I had Council 13 in my corner,” Todd said.

AFSCME Officials Refuse to Defend Their Own Contract

Todd asked the union to file a grievance over the state’s failure to abide by the employment contract. After staying up to date on his dues for seven years, he thought he would receive help.

“If you pay an organization thousands of dollars for representation, you expect to get something in return,” Todd added.

But AFSCME officials turned a blind eye and said that the union wouldn’t intercede on his behalf.

Employee Alleges Union Violated its Duty of Fair Representation

Pennsylvania law requires public-sector unions to fairly represent all the employees in a bargaining unit—both union members and nonmembers. However, Todd alleges that AFSCME officials violated this duty by refusing to intercede on his behalf, even when the state clearly broke the terms of his employment contract:

“I worked hard for years, earned the highest possible rating for my position, and paid my union thousands of dollars in dues. Yet when it came time for union officials to defend the terms of my employment contract, they were nowhere to be found. Why am I not receiving the representation that I’m paying for?”  

Todd wants to hold union and state officials accountable and expose the union’s failure to represent its members and defend its contract. His lawsuit seeks damages and a ruling that the union violated its duty of fair representation.

Burns v. AFSCME, Council 13, is before the Commonwealth Court of Pennsylvania.

Documents

• Complaint – March 7, 2025
• News Release – June 12, 2025

June 12, 2025: “Veteran state employee Todd Burns was in line for a well-deserved promotion until state officials allegedly violated his employment contract to promote someone less qualified but who had close ties to management. Burns turned to his union for help, only for AFSCME, Council 13, to refuse to defend the contract, despite his many years as a dues-paying member.”