CASE SUMMARY

When Ed Seabron began asking tough questions about his union’s representation, a union vice president made social media posts to racially harass and intimidate him. The union official even photoshopped an image to make it appear as if Ed were shaking hands with a KKK member. Ed’s litigation to hold the official and the union accountable is making history in New York City.

Ed Seeks Alternative Representation

Ed Seabron was a tow truck operator for the NYPD for 22 years, 21 of which he spent as a union member of AFSCME, District Council 37. He and his colleagues spent hours clearing the streets of NYC in the aftermath of 9/11 and various hurricanes so emergency vehicles could get through. But they never received overtime or hazard pay.

Ed brought his concerns to his union leadership. Instead of fighting for a better contract, AFSCME ignored him. Frustrated that his union didn’t seem to want to fight for him and his colleagues, Ed decided to resign. But the union refused to acknowledge his resignation and continued to deduct dues from his paycheck. He finally got AFSCME’s attention after he started to explore other union representation options. Only it wasn’t the type of attention he expected.

Union Vice President Publicly Threatens Ed

AFSCME, District Council 37’s first vice president posted a fake photo on an employee Facebook group that depicted Ed, an African American, shaking hands with a Ku Klux Klan member. The union officials also posted a threatening video, laced with expletives, saying “Gloves off. You wanna play dirty? We’re gonna play dirty.”

Union Allows Harassment, Ed Files Lawsuit and Labor Charge

Despite the public nature of this harassment, AFSCME officials did nothing to discipline the union vice president. So, Ed reached out to the Fairness Center for help.

We filed a lawsuit on Ed’s behalf to vindicate his constitutional rights to not be forced to associate with or financially support a union. This litigation quickly forced AFSCME to accept Ed’s resignation and stop taking his money.

Separately, we also helped Ed file an unfair labor practice charge to hold the union accountable for allowing the harassment from an official who remains in leadership today.

Ed’s Case Makes History… Twice

Ed’s labor board charge was dismissed by New York City’s Board of Collective Bargaining. But we appealed to the state Public Employee Relations Board. The state board not only agreed to review the decision (which had only happened four times since 1978), it sided with Ed and sent the case back to the city board for further review (which has happened only one other time).

Then, the union and the city board appealed this ruling to a New York County court. It appeared that court had never before heard a case that had followed a path like Ed’s. But it sided with him, affirming that the city labor board must review Ed’s charge.

“By taking legal action, I am reminding [the union] that public employees deserve to be treated with dignity and that, when push comes to shove, we will defend our rights of free speech and association.” –Ed Seabron

Seabron v. AFSCME, District Council 37 is before the New York City Board of Collective Bargaining.

Documents

• Complaint – October 7, 2021
• Improper Practice Petition – October 5, 2021
• New York Public Employee Relations Board Decision – March 6, 2023

October 19, 2021: “A New York labor leader produced a video in which he compares a black police officer to a Klansman and calls workers who want to change unions ‘sneaky [and] conniving.’”

“There’s something rotten in New York City’s largest public employee union. Public harassment, racial intimidation, and a culture of secrecy are the hallmarks of AFSCME, District Council 37 under its current leadership.”