Penny fights to hold union to its duty after officials sabotaged her grievance
Gustafson v. AFSCME, Council 13
Case Summary
- Union officials called Penny Gustafson a “freeloader” who was “sponging off the union” because she wasn’t a member of AFSCME, Council 13, she alleges in her complaint.
- To punish her, she alleges that they sabotaged her grievance and cost her overtime pay.
- The Fairness Center is helping Penny hold union officials accountable to their duty of fair representation.
AFSCME OFFICIALS DENY PENNY FAIR REPRESENTATION
Penny is a residential services aide at Ebensburg Center in Cambria County, Pennsylvania. After her employer improperly barred her from working overtime—and she lost wages as a result—Penny sought out AFSCME officials to file a grievance on her behalf.
AFSCME is the exclusive representative of Penny’s bargaining unit, meaning all employees must accept the union’s representation. To go along with that power, Pennsylvania law says unions have a duty to fairly represent all bargaining unit employees, both union members and nonmembers.
But AFSCME officials instead told Penny that she would receive “minimal” representation because she was not a dues-paying union member. On top of promising poor representation, union officials insulted Penny, calling her a “freeloader” who was “sponging off the union.”
AFSCME OFFICIALS SABOTAGE PENNY’S GRIEVANCE
Penny never heard from AFSCME officials when she asked for updates. Later, she learned that union officials had resolved her grievance months before—without securing her lost overtime pay and without consulting her.
LAWSUIT SEEKS TO LEVEL THE PLAYING FIELD
Penny found the Fairness Center and filed a lawsuit to hold AFSCME, Council 13 to its duty of fair representation. She seeks a judgment against the union, plus compensatory and punitive damages.
After a county court dismissed her case, Penny won on appeal to the Commonwealth Court, which sided with her and reversed the lower court’s ruling. AFSCME then appealed the Commonwealth Court’s ruling to the Supreme Court of Pennsylvania.
“Union officials didn’t want to represent our client because she wasn’t a union member, but Pennsylvania law says public-sector unions have a duty to fairly represent everyone in a bargaining union—members and nonmembers alike. The court’s ruling safeguards the right of public employees to sue a union when it abuses them, and we look forward to helping Penny hold AFSCME officials accountable in court.” –Nathan McGrath, president and general counsel for the Fairness Center
Case Status & Documents
- Complaint
May 18, 2021 - Commonwealth Court Victory News Release
February 21, 2024 - Pennsylvania Supreme Court Oral Argument
April 10, 2024
Gustafson v. AFSCME, Council 13 is before the Cambria County Court of Common Pleas.
Media
Pennsylvania Commonwealth Court Rules Against Union in Worker Dispute
News | Pittsburgh Post-Gazette
February 24, 2024: “A Pennsylvania state worker’s discrimination claim against a public union should proceed, Commonwealth Court says. Tuesday’s ruling means litigation in the Cambria Court of Common Pleas must resume two years after it was initially dismissed.”
Court Win Gives Pa. Employee Right to Challenge AFSCME Over Unfair Representation
News Release | The Fairness Center
February 21, 2024: The Commonwealth Court has sided with state employee Penny Gustafson, allowing her complaint against AFSCME, Council 13 for intentionally mishandling her workplace grievance to proceed. The court’s decision, issued Tuesday, reinstates Gustafson’s complaint and remands the matter back to the Cambria County Court of Common Pleas where litigation will continue.”
Pennsylvania Worker Discrimination Lawsuit Against Union Argued in Court
News | Washington Examiner
December 23, 2023: “The lawsuit, filed in May 2021 by the Fairness Center, alleges Council 13 of the American Federation of State, County and Municipal Employees, or AFSCME, violated its duty of fair representation when it negotiated an unfavorable settlement without the consent of the worker it involved, Penny Gustafson.”