Non-union county employee files federal lawsuit

SCRANTON – A non-union Luzerne County employee has filed a federal lawsuit against the county and Teamsters Local 401, alleging the union is using money collected from him for activities that are not legally permissible under a law that allows unions to charge certain fees to non-members.

Jeffrey McCabe, who is employed by Children and Youth Services, claims the county has been collecting fees on behalf of the union despite being placed on notice that McCabe is questioning expenditures that are funded through his non-voluntary contributions.

At issue is Pennsylvania’s Public Employee Fair Share Fee Law, which allows unions to collect specific fees from persons who are employed in positions that are part of a collective bargaining unit, but who have opted not to join the union.

The law, enacted in 1993, was designed to ensure that persons who did not join a union, but who benefited from employment negotiations, paid their “fair share” toward the costs of representing them regarding workplace issues.

That law mandates that unions can collect dues only for activities related to their workplace. Non-union members cannot be required to fund other, indirect activities, such as political contributions, advertising or events that benefit only bargaining unit members.

McCabe’s suit, filed by the National Right to Work Legal Defense Foundation of Springfield, Va., alleges that Teamsters Local 401 has used money paid by non-union members for expenses that are not permitted under the law.

According to the suit, McCabe has been required to pay 97.59 percent of the fee charged to union members. McCabe requested a copy of an audit of union expenses to determine whether or not the union’s calculation of his fair share is accurate, but the union has failed to provide that information, which also is a violation of the fair share law.

McCabe, whose city of residence is not identified, completed his probationary period with the department on April 17. The suit does not state what position he holds.

McCabe’s claims against the county focus on the failure of county officials to ensure that the procedures Local 401 employs in calculating the fee meet requirements of the fair share law. In addition to the county the suit names as defendants Doug Richards, director of human resources, and Frank Castano, director of Children and Youth Services.

Richards said Tuesday he does not understand why the county has been named as a defendant since McCabe’s gripe is with the union. The county merely collects the fees on behalf of the union and has no say in how that money is spent, Richards said.

“We don’t come up with the number. The union tells us how much to charge. All we do is deduct the money from the employee’s check and forward it to the union,” McCabe said. “It’s like the state income tax. It is what it is. We deduct it and send it to the state. If you don’t like it, call Harrisburg.”

Patrick Connors, business agent for Teamsters 401, did not immediately return an e-mail or phone message left at the union’s office Tuesday afternoon.

The suit asks a federal judge to issue an order precluding the county from continuing to collect “fair share” contributions. It also seeks reimbursement for the fees McCabe has already paid, as well as compensatory damages and attorneys fees.