Worker claims AFSCME union refused to terminate membership at his request

By Jenie Mallari-Torres | Nov 8, 2018

HARRISBURG — A Pennsylvania resident is suing American Federation of State, County and Municipal Employees, Council 13 and various individuals, citing alleged violation of constitutional rights.

William H. Neely III filed a complaint on Oct. 19 in the U.S. District Court for the Middle District of Pennsylvania against the defendants, alleging they breached their duty of good faith and fair dealings.

According to the complaint, the plaintiff alleges that he has suffered economic damages and was deprived by the defendants of his constitutional rights to resign from union membership and to end all aspects of union membership, including the payment of union dues, and refused to acknowledge and/or accept plaintiff’s resignation under the color of state law. 

The plaintiff holds the defendants responsible because they allegedly continued to have union dues deducted from his wages, and prohibited a union member’s right to resign from council.

The plaintiff requests a trial by jury and seeks judgment against defendants for declaratory and injunctive relief, nominal and compensatory damages, attorneys’ fees and costs, and further relief as the Court may deem just. He is represented by Nathan McGrath, David Osborne and Danielle Susanj of The Fairness Center in Harrisburg.

The U.S. District Court for the Middle District of Pennsylvania Case No. is 18-cv-02043.

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