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 of them.
  • 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. And going on unemployment would potentially mean losing seniority to those chosen to stay on the job, potentially costing her 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 AFSCME officials to file a grievance after she was laid off, they simply told her “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, some of whom had lower seniority than her 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 asked 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 by colluding with PennDOT to favor male union officials and by refusing to file a grievance on her behalf.

Court Rules Union Must Face Mindy’s Allegations

In March of 2026, Pennsylvania’s Commonwealth Court ruled against the union and the state in their motion to dismiss Mindy’s complaint. The union had argued that Mindy was not harmed by her loss of seniority, but the judges ruled that union’s alleged actions put her “at greater risk of being leapfrogged” in seniority by other employees. Her case now heads to trial.

“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 awaiting trial.

Media

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AFSCME Unit, Pa. DOT Must Face Seniority Dispute

News | Law360

March 18, 2026: “[T]he three-judge panel rejected AFSCME Council 13’s argument that Mindy McFetridge lacks standing to bring her claims. McFetridge’s “loss of seniority” to the less senior bargaining unit members who were allowed to continue working during PennDOT’s shutdown represents an alleged harm stemming directly from the union and department’s alleged staffing decisions, the panel found.”

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.”