Pennsylvania
Pennsylvania state court rules against union in worker dispute
(The Center Square) – A Pennsylvania state worker’s discrimination claim against a public union should proceed, a Commonwealth Court says.
Tuesday’s ruling means litigation in the Cambria Court of Common Pleas must resume two years after it was initially dismissed.
The lawsuit, filed in May 2021 by the Fairness Center, accuses Council 13 of the American Federation of State, County and Municipal Employees, or AFSCME, of violating its duty of fair representation when it negotiated an unfavorable settlement without the consent of the worker it involved, Penny Gustafson.
Nathan McGrath, president and general counsel for the Fairness Center, said the court’s decision to remand the case “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.”
“AFSCME officials thought they could get away with sabotaging Penny’s grievance and openly discriminating against her, but the Commonwealth Court has ensured her complaint will be heard,” he said. “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.”
Gustafson, a residential aide at the Department of Human Services’ Ebensburg Center, says the AFSCME sidelined her after she asked for its help to reclaim pay lost during a three-week period in October 2019.
According to legal documents, Gustafson was placed on temporary limited duty amid a workplace investigation that never occurred and ended with her full reinstatement without disciplinary action. During that time, however, she couldn’t work overtime – as she often did – and lost wages.
When Gustafson asked for help from AFSCME, she said the union offered few updates over the following eight months and eventually settled the grievance in June 2020 without her consent and without any extra pay.
All because, she said, she wasn’t a union member. This, despite state law that compels the union to intervene in employer disputes on her behalf.
During an en banc hearing held in December before the Commonwealth Court, Gustafson’s attorney, Logan Hetherington, said the union treated her like a “freeloader.”
“There must be something to address what the actual wrong that was done here,” he told the court. “We’re not talking about the grievance process at all. By being the gatekeeper, she couldn’t even get into that process.”
Amy Rosenberger, an attorney representing AFSCME, said decades of case law makes clear the matter should be settled through arbitration, not the judicial system. She also pointed to the county court’s ruling that Gustafson couldn’t seek damages because she failed to prove union officials engaged in conspiracy or collusion.
Christen is Pennsylvania editor for The Center Square newswire service and co-host of Pennsylvania in Focus, a weekly podcast on America’s Talking Network. Recognized by Editor and Publisher Magazine as one of the media industry’s “Top 25 Under 35” in 2024.
This article was republished with permission from The Center Square.
PITTSBURGH (KDKA) — Pennsylvania State Police Troopers are investigating a burglary in Indiana County where more than $500,000 in cash was recently stolen from a safe inside a home.
State Police from the Punxsutawney barracks say their Troopers are investigating the burglary that happened in the morning hours of New Year’s Eve last week in Canoe Township.
Troopers say a gun safe inside a home was burglarized and a firearm along with stacks of $100 bills worth more than $500,000 were taken.
The stacks of $100 bills were said to be stapled together and State Police provided a photo showing what the bills would look like once unstapled.
Anyone with information about the burglary or the stolen money is asked to call the State Police barracks or the State Police tip line and can also submit information online.
State Police say a cash reward could be provided for information that leads to an arrest.
However, information about how often individual insurance companies deny coverage, and how many cases are appealed and overturned, is scarce and not publicly reported most of the time.
Insurance denials can lead to delays in care and medical debt. State officials estimate that 1 million people in Pennsylvania have some medical debt from unpaid bills and other charges.
In Pennsylvania, residents can file an appeal with the state’s Independent External Review program after they have already completed an internal appeals process with their health insurer.
If they are still denied coverage, people can then submit their case to the state review process, where independent, third-party reviewers analyze individual claims and give a final determination on whether the insurer’s denial was valid or if it must be overturned.
The review program is open to people who have health insurance through a state health plan, the Affordable Care Act Marketplace and other commercial insurance, including employer-sponsored plans offered at private companies, nonprofits and organizations.
People who get insurance from their employer through self-funded plans, in which the employer or company pays health claims directly rather than through the insurance company, are excluded from using the state review program.
The area’s four state representatives were sworn in for new terms on Tuesday at the Pennsylvania Capitol in Harrisburg.
The lawmakers took the oath with their peers at the historic legislative building.
Democrats hold a razor-thin majority in the Pennsylvania House and State Rep. Joanna McClinton, a Democrat, was reelected as speaker.
State Rep. Tina Davis, a Democrat from Bristol Township, was sworn in today for her eighth two-year term.
In addition to her role as a lawmaker, Davis was reelected as the caucus secretary for the Pennsylvania House Democrats last month. She was first appointed to the leadership position in the 2021-2022 legislative session.
“As caucus secretary, Davis plays a crucial role in supporting the efficient and effective functioning of the House Democratic Caucus,” her office said.
“I am honored to continue serving the people of the Bristol-Levittown area and the Commonwealth of Pennsylvania,” Davis said. “With the support of my colleagues, I will work tirelessly to ensure our work in the House is transparent, effective, and focused on improving the lives of all Pennsylvanians. Together, we will push forward meaningful legislation that creates new opportunities, promotes equity, and strengthens communities.”
Davis serves the 141st Legislative District, which is made up of Bristol Borough and Bristol Township.
State Rep. Joe Hogan, a Republican from Middletown Township was sworn in today for his second term.
“It is an honor to be back in Harrisburg to represent the 142nd District,” said Hogan. “I will continue to fight for the common sense measures I fought for in my first term, like supporting working parents, fighting for early childhood education and supporting our schools.”
Hogan serves the 142nd Legislative District, which covers Lower Southampton Township, Langhorne Manor Borough, Langhorne Borough, Penndel Borough and portions of Middletown and Northampton townships.
State Rep. Jim Prokopiak, a Democrat from Falls Township, took the oath for a new term in the Pennsylvania House.
Prokopiak serves the 140th Legislative District that covers Falls Township, Morrisville Borough, Tullytown Borough, and part of Middletown Township.
State Rep. K.C. Tomlinson, a Republican from Bensalem Township, was sworn in the Capitol. She is serving her third full term following a special election in March 2020.
“It continues to be the greatest honor of my life to serve the people of Bensalem and Hulmeville,” said Tomlinson. “I will continue to work tirelessly for my district, find common ground in Harrisburg, and get things done that benefit all Pennsylvanians.”
Tomlinson serves the 18th Legislative District that covers Bensalem Township and Hulmeville Borough.
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