Commonwealth Employees File Class-Action Lawsuit Against Union over Forced Payments
Fultz v. AFSCME, Council 13
Case Summary
- Seven Commonwealth employees filed a federal, class-action lawsuit alleging that the Commonwealth and AFSCME, Council 13 (“Council 13”) unconstitutionally forced 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.
AFSCME, Council 13 Continues Deductions After Resignation
Miriam and six other Pennsylvania public employees resigned their AFSCME, Council 13 memberships. After the employees resigned their union memberships, Council 13 confirmed that they were no longer union members, but claimed that they still owed full union dues, which would continue to be deducted from their wages by the Commonwealth.
Pennsylvania Public Employees Stand Up to AFSCME, Council 13
Council 13 represents tens of thousands of public employees in Pennsylvania who may be subject to a provision the union uses to claim these ongoing dues. This was the seventh lawsuit filed by public employees represented by the Fairness Center against Council 13 to vindicate their rights to resign and/or recover union dues seized after their resignation.
Miriam’s lawsuit alleges that the union and the Commonwealth have denied Miriam and numerous other public employees their Janus rights by taking dues against their will after they resigned their union memberships.
Case Status & Documents
- Complaint
November 16, 2020 - News Release
November 17, 2020
Fultz v. AFSCME, Council 13 is closed.
Media
Class action lawsuit alleges Pennsylvania union collects dues from resigned members
News | The Center Square
November 18, 2020: “A class action lawsuit filed in federal court this week alleges that the American Federation of State, County and Municipal Employees (AFSCME) Council 13 continued deducting dues from members’ paychecks, even after they resigned.”
Public Employees Bring Class-Action Lawsuit Against AFSCME, Council 13
News Release | The Fairness Center
November 17, 2020: “In the past two years, the Fairness Center has assisted a number of clients challenging Council 13’s refusal to stop dues deductions. Despite our clients’ multiple lawsuits, Council 13 officials continue to ignore our clients’ constitutional right not to financially support a union while a nonmember. Our clients, seeking to be class representatives, hope to help ensure other nonmember employees don’t have to face the same problems from Council 13.”