Judge issues injunction against Penn Pike collecting Teamsters tax on workers
Posted Wed, 2007-06-06 19:05
Nineteen Pennsylvania Turnpike workers attempting to leave the Teamsters union won a US District Court injunction today against the Turnpike Commission in which the Commission is ordered to cease collecting union dues on behalf of the Teamsters. US District Court Judge Christopher C Conner issued an order stating that the Turnpike Commission is "enjoined against seizing any union dues from plaintiffs' wages" and also from "disciplining plaintiffs" under its labor contract with the Teamsters.
The labor contract between the Turnpike and the Teamsters which runs Oct 1 2004 to Sept 30 2007 contains a provision that an employee "must as a condition of employment remain a (union) member for the duration of this agreement," a racketeering style provision that is probably illegal and unconstitutional. The Turnpike's actions are also being
challenged as contrary to the US Civil Rights Act.
Turnpike ordered to post security bond
The Turnpike was ordered today to post a bond of $5,000 as security with the US Court.
The workers were represented by the National Right to Work Legal Foundation.
The Turnpike Commission had told the workers it was refusing to acknowledge their resignation from the Teamsters union on the basis that the union had not notified it that they were no longer union members. It wasn't good enough for the Turnpike Commission that the workers notified it directly. The Turnpike Commission was acting in effect as tax collector for the Teamsters - an organization long associated with organized crime.
The workers concerned all disagreed with the Teamsters' botched 2005 strike against the Turnpike. They had responded to calls by the Turnpike Commission to cross picket lines and return to
work. About half the workforce had broken with the union by the time the Teamsters raised the white flag, and accepted pay and conditions offered by the Commission before the strike.
The plaintiffs tried to resign from the union over its incompetence, but the Turnpike prevented them and allowed the union has proposed to "fine" them for going back to work before it caved in.
"Employees have freedom not to associate with union"
Judge Conner in his order today said higher courts have ruled that employees have "the freedom not to associate with a labor organization."
"Plaintiffs have demonstrated a real or immediate danger to their First Amendment right not to associate because the union informed them that they cannot resign their membership..."
The judge found that the Turnpike's policy of refusing to acknowledge resignation from the union "may have a direct and deleterious impact on plaintiffs’ rights under the First Amendment," and that union officials' actions demonstrated a "real or immediate danger to their First Amendment rights" - requirements for injunctive relief.
Now taking Brimmeier to US Supreme Court
The Turnpike workers are proceeding to take the Turnpike Commission to the US Supreme Court hoping to establish the illegality of the forced union membership provisions of the Turnpike's labor contract with the Teamsters.
There are two lawsuits, one by seven Turnpike workers working for the western division in Pittsburgh filed in the US District Court for the Western Division of Pennsylvania, another by 19 Turnpike workers in Harrisburg filed in the Middle District of US District Court. The injunction today was issued in the larger Harrisburg case.
The lawsuits cite multiple violations of employees' rights by Turnpike officials and Teamsters union officials in deducting forced dues from the pay of employees who had resigned their union membership. The suit alleges the union hierarchy did not follow the minimal procedural protections required by the Supreme Court in the 1986 Chicago Teachers Union v. Hudson decision. In the Hudson case, the High Court ruled that before collecting any forced dues, union officials must provide an audited disclosure of the union’s expenses and give employees an opportunity to object to paying forced union dues spent for certain activities.
Defendants in both cases were Turnpike chief executive Joseph Brimmeier sued in his official capacity, Anthony Maun, director of accounting and payroll for the Commission, and Local 77 in Harrisburg and in Pittsburgh Local 250 of the International Brotherhood of Teamsters.
Plaintiffs in the Harrisburg case were Turnpike workers Joseph J McCahon, Anthony Chajkowski, William Clark, Yolanda Edgerton, Douglas Fargo, Brian Hockenberry, Patricia A Hopkins, Mathew Kleman, Richard G Lesinski, Steven D Lewis, Wendell Livengood, William Mortimore, Michael B Robinson, Albert I Rowe, Craid Silks, Todd Smith, Neil Snyder, John Varga, and Donald M Whipple.
Plaintiffs in Pittsburgh are Turnpike employees: William Mangino, Diane Gallo, Paula Henderson, Kirk Miller, Lisa Mulik, Timothy Mulik and Darlene Tuccinard.
TOLLROADSnews 2007-06-06
Nineteen Pennsylvania Turnpike workers attempting to leave the Teamsters union won a US District Court injunction today against the Turnpike Commission in which the Commission is ordered to cease collecting union dues on behalf of the Teamsters. US District Court Judge Christopher C Conner issued an order stating that the Turnpike Commission is "enjoined against seizing any union dues from plaintiffs' wages" and also from "disciplining plaintiffs" under its labor contract with the Teamsters.The labor contract between the Turnpike and the Teamsters which runs Oct 1 2004 to Sept 30 2007 contains a provision that an employee "must as a condition of employment remain a (union) member for the duration of this agreement," a racketeering style provision that is probably illegal and unconstitutional. The Turnpike's actions are also being
challenged as contrary to the US Civil Rights Act.Turnpike ordered to post security bond
The Turnpike was ordered today to post a bond of $5,000 as security with the US Court.
The workers were represented by the National Right to Work Legal Foundation.The Turnpike Commission had told the workers it was refusing to acknowledge their resignation from the Teamsters union on the basis that the union had not notified it that they were no longer union members. It wasn't good enough for the Turnpike Commission that the workers notified it directly. The Turnpike Commission was acting in effect as tax collector for the Teamsters - an organization long associated with organized crime.
The workers concerned all disagreed with the Teamsters' botched 2005 strike against the Turnpike. They had responded to calls by the Turnpike Commission to cross picket lines and return to
work. About half the workforce had broken with the union by the time the Teamsters raised the white flag, and accepted pay and conditions offered by the Commission before the strike.The plaintiffs tried to resign from the union over its incompetence, but the Turnpike prevented them and allowed the union has proposed to "fine" them for going back to work before it caved in.
"Employees have freedom not to associate with union"
Judge Conner in his order today said higher courts have ruled that employees have "the freedom not to associate with a labor organization."
"Plaintiffs have demonstrated a real or immediate danger to their First Amendment right not to associate because the union informed them that they cannot resign their membership..."
The judge found that the Turnpike's policy of refusing to acknowledge resignation from the union "may have a direct and deleterious impact on plaintiffs’ rights under the First Amendment," and that union officials' actions demonstrated a "real or immediate danger to their First Amendment rights" - requirements for injunctive relief.
Now taking Brimmeier to US Supreme Court
The Turnpike workers are proceeding to take the Turnpike Commission to the US Supreme Court hoping to establish the illegality of the forced union membership provisions of the Turnpike's labor contract with the Teamsters.There are two lawsuits, one by seven Turnpike workers working for the western division in Pittsburgh filed in the US District Court for the Western Division of Pennsylvania, another by 19 Turnpike workers in Harrisburg filed in the Middle District of US District Court. The injunction today was issued in the larger Harrisburg case.
The lawsuits cite multiple violations of employees' rights by Turnpike officials and Teamsters union officials in deducting forced dues from the pay of employees who had resigned their union membership. The suit alleges the union hierarchy did not follow the minimal procedural protections required by the Supreme Court in the 1986 Chicago Teachers Union v. Hudson decision. In the Hudson case, the High Court ruled that before collecting any forced dues, union officials must provide an audited disclosure of the union’s expenses and give employees an opportunity to object to paying forced union dues spent for certain activities.
Defendants in both cases were Turnpike chief executive Joseph Brimmeier sued in his official capacity, Anthony Maun, director of accounting and payroll for the Commission, and Local 77 in Harrisburg and in Pittsburgh Local 250 of the International Brotherhood of Teamsters.
Plaintiffs in the Harrisburg case were Turnpike workers Joseph J McCahon, Anthony Chajkowski, William Clark, Yolanda Edgerton, Douglas Fargo, Brian Hockenberry, Patricia A Hopkins, Mathew Kleman, Richard G Lesinski, Steven D Lewis, Wendell Livengood, William Mortimore, Michael B Robinson, Albert I Rowe, Craid Silks, Todd Smith, Neil Snyder, John Varga, and Donald M Whipple.
Plaintiffs in Pittsburgh are Turnpike employees: William Mangino, Diane Gallo, Paula Henderson, Kirk Miller, Lisa Mulik, Timothy Mulik and Darlene Tuccinard.
TOLLROADSnews 2007-06-06