The Fairness Center represents William H. Neely, III, a psychiatric aide at Wernersville State Hospital. Mr. Neely had been a union member for many years, however, he recently resigned his AFSCME, Council 13 membership because he believed that the union no longer represented his interests or beliefs. The union, however, refused to honor his resignation, citing a provision of a collective bargaining agreement between the union and the Commonwealth of Pennsylvania as its justification.
Mr. Neely brings this lawsuit to establish that the union cannot force him to remain a union member. Mr. Neely contends in this lawsuit that the union’s failure to honor his resignation violates his constitutional rights to freedom of association and speech.
William H. Neely, III v. American Federation of State, County and Municipal Employees, Council 13; David R. Fillman, in his official capacity as Executive Director of American Federation of State, County and Municipal Employees, Council 13; Commonwealth of Pennsylvania, Department of Human Services; Teresa D. Miller, in her official capacity as Secretary of the Pennsylvania Department of Human Services; Thomas W. Wolf, in his official capacity as Governor of the Commonwealth of Pennsylvania; Sharon P. Minnich, in her official capacity as Secretary of the Pennsylvania Office of Administration; and Anna Maria Kiehl, in her official capacity as Chief Accounting Officer for the Commonwealth of Pennsylvania and Deputy Secretary for the Office of Comptroller Operations
This case was settled to the mutual satisfaction of all parties. Mr. Neely is no longer a member of AFSCME, Council 13 or its affiliates.