The Fairness Center represents eight Erie Water Works employees, including lead plaintiff Mark Kiddo, in their suit against American Federation of State, County and Municipal Employees (“AFSCME”) affiliates and officials. Unfortunately, public-sector union officials tasked with representing Mr. Kiddo and his coworkers concealed vital information from them, elevating AFSCME officials’ interest in a defined-benefit pension plan for new employees over the interests of the employees actually working for Erie Water Works. As a result, Mr. Kiddo and his coworkers ratified terms and conditions of employment which included lesser pay and benefits than what was offered by Erie Water Works. Mr. Kiddo and his coworkers ultimately want AFSCME officials to honor their duty to fairly represent public employees and the chance to accept the higher pay, benefits, and defined-contribution retirement plan for new employees that Erie Water Works offered.
On January 16, 2021, the court ruled in favor of Mr. Kiddo and his co-plaintiffs, saying that AFSCME officials breached their duty to employees “by concealing Option 1 from its members and misrepresenting the terms” of their employer’s offer. “As a result of this conduct, the Plaintiffs’ collective bargaining rights were violated and they lost the opportunity to realize higher wages and additional benefits,” the judge added, granting our clients’ motion for summary judgment and denying AFSCME’s motion for summary judgment. The case currently awaits a decision on the relief to be awarded to our clients.
Mark Kiddo, Joan Hordusky, Mike Dzurko, Christine Arnone, Jennie Clay, Madelyn Groover, Melissa Guzowski, and Jeff Granger v. American Federation of State, County and Municipal Employees, Local 2206; American Federation of State, County and Municipal Employees, District Council 85; Randy Procious, in his official capacity; Shane Clark, in his official capacity; and Erie Water Works
This case is currently before the Erie County Court of Common Pleas.
December 4, 2018
January 16, 2021