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.
Pennsylvania
1 dead, 2 hospitalized after crash in Bensalem, Pennsylvania, police say
One person is dead, and two others were taken to the hospital after a crash involving multiple vehicles in Bensalem, Pennsylvania, Tuesday afternoon, police said.
The crash happened around 4:45 p.m. at East Bristol Road and Brownsville roads, police said.
Police said a person driving a Toyota RAV4 was involved in a domestic-related incident in Lower Southampton Township before the crash.
The person driving the Toyota RAV4 was traveling eastbound at a high rate of speed, crossed into oncoming traffic and struck another vehicle while attempting to pass a Hyundai Kona, according to police.
The Toyota then became airborne, struck a Honda SUV and a Ford pickup truck and rolled over. The driver of the Toyota died in the crash, police said.
The driver of the Hyundai Kona left the road and came to a rest after striking a fence on Bristol Road, according to police.
It’s unclear if any drugs or alcohol were factors in the crash, police said.
Anyone with information about the crash is asked to contact Bensalem police.
Pennsylvania
Digital News Publishers Launch Pennsylvania Independent News Association (PiNA) to Advocate for Local News Organizations – Saucon Source
The publishers of two dozen local news brands across Pennsylvania today announced the official formation of the Pennsylvania Independent News Association (PiNA).
The new Harrisburg-based organization is dedicated to bringing together digital-first local news organizations to strengthen the independent press, modernize laws and policies, and ensure the long-term sustainability of community news.
“The news industry is in a period of profound transformation, and digital news publishers need a seat at the table,” said Tom Sofield, PiNA’s president and publisher of LevittownNow.com.
PiNA’s mission is to provide these publishers with a collective voice, advocating for policies that reflect the modern reality of news consumers, local businesses and civic organizations.
An immediate focus for the new association is the reform of Pennsylvania’s outdated public notice laws, which currently prohibit digital outlets from publishing legal notices. PiNA seeks the right for qualified and established digital outlets to compete against incumbent print outlets and for local municipalities to choose the publication and medium that’s best for their communities. PiNA’s proposed amendment draws from similar legislation in Virginia that was signed into law in 2024.
“PiNA publishers have long been ready to compromise and find policy solutions that work for all Pennsylvanians,” said PiNA secretary and treasurer Davis Shaver, publisher of LebTown. “When lawmakers and local government organizations say they want the ability to self-publish notices, it’s a result of legacy newspapers treating the print monopoly over public notices as a profit center.”
PiNA’s position is that independent outlets can provide the third-party affidavits of publication required to demonstrate compliance with public notice mandates–an essential role of the notice process that would not be possible if agencies were allowed to publish on their own websites.
“We understand why self-publication is desirable, but it’s not the only way to provide urgently needed financial relief for the onerous print newspaper tax on public notices,” said Shaver. “We’re tired of waiting for legacy newspapers to disrupt themselves. Enough is enough, let’s move on.”
PiNA has already engaged with state legislators from across the Commonwealth. PiNA leadership said that the group has been encouraged to learn that its position has widespread support. In particular, PiNA commends Representative Robert Freeman (D-136) for his leadership on this issue.
PiNA represents a group of serious-minded news organizations and leaders. Its membership spans the Commonwealth, from the most rural area to the suburbs and to the neighborhoods of Philadelphia and Pittsburgh. PiNA member outlets are read by millions of Pennsylvanians monthly.
“We are coming together to advocate for our staffs, our readers and common-sense policies–like public notice reform–that support a free and modern press,” said Sofield. “By combining our strengths, we can ensure that every community in Pennsylvania has access to reliable local news.”
The association will work to bring collaboration among the locally-owned Pennsylvania small businesses to share ideas and solutions for growth, technology and sustainable revenue models.
“We believe in the power of local news to build stronger communities and improve lives,” said Sofield. “By forming PiNA, we’re creating a base for independent publishers to thrive together.”
PiNA is focused on ensuring that high-quality, trustworthy local news is a permanent fixture in Pennsylvania’s 67 counties. The founding members of PiNA include Burb Media, EYT Media Group, Fideri News Network, Lazerpro, Lebanon Publishing Company, NCPA Media LLC and Street Light Media Group. The first associate members include West Hills Gazette and Saucon Source.
Member Outlets: AroundAmbler.com, CentralBucksNews.com, explore814.com, exploreClarion.com, exploreJeffersonPA.com, exploreVenango.com, GlensideLocal.com, HorshamNow.com, LebTown.com, LevittownNow.com, MediaPANow.com, MoreThanTheCurve.com, NewHopeFreePress.com, NewtownPANow.com, NorthCentralPA.com, NorthPennNow.com, PerkValleyNow.com, PhillyDaily.com, SauconSource.com, StateCollege.com, WestHillsGazette.com, WillowGroveNow.com, and WissNow.com.
About PiNA
The Pennsylvania Independent News Association (PiNA) is a trade association representing digital-first local news publishers. PiNA works to promote the health and sustainability of independent news outlets through advocacy, collaboration and innovation.
Pennsylvania
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