Transportation Employee Battles Union Officials’ Sexism, Self-Dealing

McFetridge v. AFSCME, Council 13

Case Summary

  • During Covid work shutdowns, Pennsylvania transportation employee Mindy McFetridge was told to use her paid time off or go on unemployment.
  • Meanwhile, a group of male union officials and their friends remained working, despite Mindy having greater seniority than some.
  • In McFetridge v. AFSCME, Council 13, Mindy alleges that union officials violated their duty of fair representation by ignoring contractual seniority rules to benefit themselves.

Mother forced to deplete Paid Time Off with no recourse

Mindy McFetridge is a single mother to a daughter with a serious medical condition. She is also one of only a few women employed by PennDOT as a Transportation Equipment Operator in Venango County, Pennsylvania. At one point, Mindy was told by a union official that she’s “just a girl in a man’s world,” despite being named a PennDOT Workplace Hero.

Mindy was told that she could either use her personal PTO or go on unemployment when her workplace shut down during the Covid-19 pandemic. However, Mindy preserves her PTO to care for her daughter when the need arises. Alternatively, taking unemployment would potentially mean losing seniority and the ability to choose job sites. Feeling trapped, Mindy opted to expend her PTO so that her seniority would continue to accrue.

However, after two weeks, Mindy was put on unemployment until PennDOT resumed normal operations. When she asked to file a grievance after being laid off, she was simply told “no.”

Mindy McFetridge, plaintiff in McFetridge v. AFSCME, Council 13, sitting on a guardrail in front of road construction.

(Mindy McFetridge. Photo credit: The Fairness Center.)

Male AFSCME officials ignored seniority to keep themselves and their friends working

Mindy soon learned that while she had taken PTO and was put on involuntary unemployment, one crew remained working. A crew made up of men who had lower seniority and were either AFSCME union officials or their friends and family.

When she addressed the matter with the statewide union, AFSCME, Council 13 officials told Mindy that her local union president had insisted on laying off employees based on working crew, not based on seniority as their contract required.

Employee Alleges Union violated its duty of fair representation

Mindy came to the Fairness Center to stand up for her after her union let her down. On her behalf, we filed a lawsuit alleging that AFSCME, Council 13 violated its duty of fair representation when it colluded with PennDOT to favor male union officials and refused to file a grievance on her behalf.

“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.” – Mindy McFetridge

Case Status & Documents

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

Media

Standing Up When My Pennsylvania Transportation Union Let Me Down

Op-Ed | The Center Square

July 13, 2022: “Working a demanding job while caring for [my daughter] hasn’t been easy, but I’ve become accustomed to overcoming obstacles at work and at home. My latest challenge involves both—defending myself from a union that made me choose between my daughter’s medical needs and my job.”

Mindy McFetridge, plaintiff in McFetridge v. AFSCME, Council 13, standing in front of road construction with her arms crossed.

PennDot Employee Accuses Union Officials of Sexism, Self-Dealing in Lawsuit

News Release | The Fairness Center

April 20, 2022: “Mindy McFetridge, one of only a few women employed by the Pa. Department of Transportation (PennDOT) as a Transportation Equipment Operator in Venango County, alleges that union and state officials discriminated against her because she is a woman on the outside of a favored group of male union officials.”