Pennsylvania Record

Monday, December 9, 2019

State employees seek restitution of fair share fees paid to AFSCME union

Federal Court

By Marian Johns | Nov 20, 2019

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Beckley

SCRANTON – Several Pennsylvania employees are suing a labor union claiming they are owed fees that were taken out of their pay by the union against their will. 

David Schaszberger, Bradford Schmittle, Kyle Clouse, Colby Conner, Jeanette Hulse, Gary Landiak and Andrew Malene filed a class action complaint Nov. 7 in the U.S. District Court for the Middle District of Pennsylvania against the American Federation of State, County and Municipal Employees, Council 13 alleging violation of the First Amendment and Pennsylvania's Public Employee Fair Share Fee Law. 

The plaintiffs allege that they were required to pay agency or fair share fees to the defendant union and are suing for the return of the money they claim was wrongfully seized. They allege their rights to free speech and association were infringed because they were required to pay those fees as a condition of their employment.

The plaintiffs seek restitution or actual damages, including the full amount of their fair share fees that were seized, and other just relief. They are represented by Charles Beckley II of Beckley & Madden in Harrisburg; Brian Kelsey and Reilly Stephens of The Liberty Justice Center in Chicago; and Aaron Solem of The National Right to Work Legal Defense Foundation in Springfield, Virginia. 

U.S. District Court for the Middle District of Pennsylvania case number 3:19-CV-01922-MEM

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