News

July 1, 2009

County settles employee lawsuit

Children & Youth worker sued commissioners, Teamsters over collection of union dues.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
Jennifer Learn-Andes on Facebook   |   @TLJenLearnAndes on Twitter

Luzerne County Commissioners voted Tuesday to settle a federal lawsuit filed by a non-union Children and Youth Services employee over the collection of union dues.

County Solicitor Vito DeLuca said the county’s only expense will be a less-than-$2,000 deductible for legal representation. Teamsters Local 401, which was also named as a defendant in the suit, has agreed to pay legal fees and alleged damages to Jeffrey McCabe, who filed the suit.

DeLuca did not know the settlement amount.

A Teamsters representative did not respond to a request for comment.

McCabe filed the suit April 28, alleging the union made him pay fees that aren’t allowed under the state’s Public Employee Fair Share Fee Law.

The law was designed to ensure that people who didn’t join a union paid their “fair share” toward the costs of union services that benefit them. Non-union members can’t be required to fund political contributions, advertising or events that benefit only bargaining unit members, the law says.

According to the suit, McCabe had been required to pay 97.59 percent of the fee charged to union members. He said the union had failed to give him a copy of an audit of union expenses needed to determine whether the union’s calculation of his fair share was accurate.

McCabe also sued the county because it collected the fees despite notification that he was questioning the expenditures. County officials said they rely on the union to establish the fees that should be collected.

Commissioners called Tuesday’s special meeting to vote on two Keystone Opportunity Zone tax breaks in time for Tuesday’s state filing deadline.

Commissioners unanimously approved KOZ extensions for 98.22 acres in Duryea and about 150 acres by the Hazleton Municipal Airport.

Minority Commissioner Stephen A. Urban, who has opposed some KOZ extensions, said he supported these because the Duryea land is mine-scarred and the Hazleton property is already tax-exempt under Hazleton city ownership.

Commissioners also voted to contract some court programs involving drunken driving offenders to Catholic Social Services.

Commissioner Greg Skrepenak abstained, saying he’s concerned that the county will lose revenue that had come in when the programs were handled in-house by the probation office. However, Probation Director Michael Vecchio said the additional work is putting too much burden on his staff, which has been reduced by layoffs.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

Tweet	Follow @TLnews