Curtis Thompson, an education assistant for the Cumberland Valley School District in Pennsylvania, felt that his union no longer had his best interest at heart, so he asked his employer to stop deducting union dues from his paycheck.
But his union, AFSCME, District Council 89, refused to honor his request to resign.
Curtis took to the internet and found the Fairness Center. On Curtis’s behalf, we filed a lawsuit against AFSCME, District Council 89 and the Cumberland Valley School District to protect his First Amendment rights.
Curtis’s case was settled to the mutual satisfaction of all parties, and he is no longer a member of AFSCME, District Council 89.
Read more: buff.ly/jtHhp14
When Wayne Wong, a train operator in New York with the Metropolitan Transportation Authority (MTA), wanted to resign his membership in the Transport Workers Union, Local 100 (TWU), union officials seemed to be doing their best to make it as difficult as possible.
Wayne complied with every request TWU officials made of him, but they still refused to acknowledge his resignation and stop dues deductions. With the help of the Fairness Center, Wayne filed a federal lawsuit to force the union to acknowledge his resignation.
Wayne’s lawsuit caused the TWU to acknowledge that he was no longer a union member and to refund all dues, with interest, that were taken from him since the date of his initial resignation.
Read more about Wayne's case: buff.ly/PP7ZYkn
Ashley Kjarbo, a New York IRS employee, was facing financial difficulty and wanted to stop paying monthly union dues.
So, she filled out a form to resign her membership in the National Treasury Employees Union (NTEU). But union officials did everything they could to thwart her. First, NTEU officials ignored her. Then, officials demanded that she convince the local union president to approve and sign her resignation form.
When Ashley persisted, the union escalated its efforts to keep her locked in.
An NTEU president emailed Ashley’s IRS supervisor, complaining that she was telling a “fabricated tale of woe.” They asked the supervisor for help in shutting her up.
Shockingly, the IRS did the union official’s bidding. Ashley’s supervisor issued her a written reprimand in her employee file that accused her of “discourteous and unprofessional behavior.” The letter warned that if she did not stop, she would face further discipline.
A massive federal agency and a union representing 150,000 employees were aligned against her, but Ashley was determined to find a way to act on her rights.
Then she found the Fairness Center.
Read more: buff.ly/KgP9uWU
On Ashley’s behalf, we filed unfair labor practice charges with the Federal Labor Relations Authority (FLRA) against the union and the IRS.
The FLRA found enough evidence to charge the IRS with an unfair labor practice, which consequently brought the agency to the negotiating table. As part of a settlement with Ashley, the IRS rescinded the disciplinary letter from her employee file. Plus, the agency sent Ashley’s colleagues a notice committing to not “interfere with, restrain, or coerce employees in the exercise of their rights.”
Ashley’s refusal to take “no” for answer in the face of powerful opposition ensured 2,500 of her colleagues will have their rights protected.
Read more: buff.ly/KgP9uWU
New Haven Fire Fighters Local 825 voted to leave a statewide union that they believed didn’t represent their interests
But state union officials with the Uniformed Professional Fire Fighters Association (UPFFA) refused to acknowledge their disaffiliation and did kept charging union dues to the local.
After the Fairness Center filed a lawsuit on their behalf, Local 825 accomplished their goals and owed the state union nothing.
Read more about the case here: buff.ly/PxvrJdd
After a DEI-style “Identity & Privilege” training, Hartford teacher John Grande expressed disagreement with its message, and school district officials disciplined him because his opinion didn’t align with theirs.
The Hartford Federation of Teachers refused to properly represent John in fighting the district’s discipline because he wasn’t a union member. In Grande v. Hartford Federation of Teachers, John won an unfair labor practice charge against the Hartford Federation of Teachers: For the first time, Connecticut acknowledged that union nonmembers must be treated equally to members when it comes to arbitration.
But John’s victory didn’t undo his mistreatment by school district officials.
So in January 2024, the Fairness Center helped John do what union officials should have done in the first place: challenge the discipline he should never have received. John’s federal lawsuit, Grande v. Hartford Board of Education, alleges that Hartford school officials violated his First Amendment rights in disciplining him for expressing his opinion on the DEI-style training.
John is asking the court to declare school district officials’ behavior unconstitutional under the First Amendment, to rescind the disciplinary letter from his employee file, and to award him compensatory and punitive damages. John said:
“They threatened my career to silence me, but with this lawsuit, I’m leveling the playing field and forcing school officials to answer for trampling my rights," John said.
Read more: buff.ly/UmCvdn0
Fairness Center president Nathan McGrath writes for @WSJopinion:
"Former New York City tow-truck driver Ed Seabron knew he had ruffled some feathers when, in 2021, he resigned from New York City’s largest municipal union and spoke to colleagues about alternate union representation.
"But he was floored when he saw an online picture of himself, an African-American, shaking hands with someone dressed in the purple robes and blood drop cross insignia of a Ku Klux Klan imperial wizard.
"Marvin Robbins, the first vice president of District Council 37 Local 983, who is also African-American, had posted the image on the union’s Facebook page, where hundreds of Mr. Seabron’s colleagues could see it. Though it was an obvious fake, Mr. Seabron believed the message was all too real: challenge union orthodoxy and get branded a race traitor."
McGrath adds: "Mr. Seabron filed an unfair labor practice charge against the union with the New York City Board of Collective Bargaining, alleging racial harassment.
"But he unknowingly fell into a lacuna in administrative law that results in labor boards—often comprised of political appointees and former union officials—robbing workers of due process.
"The New York City labor board dismissed Mr. Seabron’s charge, but then joined the case on the union’s side when he appealed to the New York State Public Employee Relations Board. The state board ruled partly in Mr. Seabron’s favor and sent the case back. The city board again joined the union in appealing that decision and again lost. Forced to hear Mr. Seabron’s case a second time, the city board surprised no one by ruling against him—again."
Read more @WSJopinion: buff.ly/g8sIj3A
He continues: "In almost any other legal setting, this Byzantine arrangement, in which a legal arbiter can hear a plaintiff’s case twice while teaming up with the defendant in between, would be seen as a clear violation of the impartiality that undergirds our legal system."
Seabron is not alone, McGrath explains: "In states across the country, labor boards have abandoned their intended status as referees to pick sides and become advocates when their own decisions are appealed, thus depriving workers of basic procedural protections."
Read more @WSJopinion: buff.ly/g8sIj3A
When John Kabler walked into a mandatory orientation session when he first started his new job as a liquor store clerk in Pennsylvania, he didn’t know he would be led to believe he had no option but to join a union.
At the orientation session, United Food and Commercial Workers, Local 1776 officials told him that he had to join the union to keep his job.
John joined the union, thinking he had no choice.
Once he learned that union membership could not be a condition of employment, John tried to resign from the UFCW. But the union refused to let him out and enforced a “maintenance of membership” provision in its contract with Pennsylvania that limited resignations to a 15-day window period.
This short window only appeared every few years, forcing union members, like John, to remain with the union for long stretches of time. Union officials continued to deduct membership dues from his paycheck.
Having exhausted his options, John turned to the Fairness Center. On his behalf, we filed a federal lawsuit challenging the union’s illegal “closed shop” policy and seeking a declaration that the union was wrong to reject his resignation.
Read more: buff.ly/QiOJrMP
Eventually, the union returned to John more than $1,700 in dues and interest, and they abandoned the contract provision that trapped John and his colleagues in union membership.
Today, because of John’s litigation, more than 1,500 Pennsylvania liquor store clerks can resign their union memberships because there is no longer a restriction on resignations in the union’s employment contract with Pennsylvania.
Read more: buff.ly/QiOJrMP
When Ray began working at the Long Island Rail Road, union membership with the International Brotherhood of Electrical Workers, Local 589 (IBEW) was mandatory, according to their contract. Under the 70-year-old contract between the railroad and the union, all employees had to join and remain in the union—or face consequences.
In 2021, a video surfaced that showed IBEW officials in an unfavorable light, and they wrongfully accused Ray of widely distributing it. Feeling alienated, Ray tried to resign his union membership. But union officials refused to acknowledge his resignation.
That’s when Ray contacted the Fairness Center for help. After we got involved, the union seemingly backed down and allowed Ray to leave the union. But there was more to come.
Shortly after his resignation, Ray stopped receiving overtime opportunities he was eligible for. It soon became clear that union officials were retaliating against Ray by denying him overtime, which cost him thousands of dollars in lost wages.
We stood by Ray and filed a lawsuit on his behalf to protect his First and Fourteenth Amendment rights of free speech and association. Ray’s litigation affirmed his union resignation, restored his lost wages, and forced IBEW officials to commit to not retaliate against him in the future.
“Because of the Fairness Center, the union knows it must respect my seniority. They have to call me for overtime and can’t skip me just because I left the union," Ray said.
Read more: buff.ly/6k4mVaK
Mark Kiddo and his Erie Water Works colleagues felt betrayed after learning AFSCME officials deliberately misled them.
Union officials had just presented Mark and his colleagues, who were union members, with a four-year contract that the employees weren’t happy with. It included lower salary increases than they expected and kept in place a defined-benefit pension plan favored by union officials.
Union officials deceptively told them it was the only offer on the table. Reluctantly, and believing they had no choice, the employees ratified the contract.
But days later, they learned of a second offer, with higher salary increases, a 401k-style retirement plan for new employees, and an additional retirement benefit—an offer like what they had hoped for all along.
The truth, it turned out, was that AFSCME officials had intentionally hidden the better offer from their own members because the officials opposed moving away from defined-benefit retirement plans.
An Erie County judge ultimately ruled that “[t]he undisputed material facts of this case demonstrate that AFSCME breached its duty of fair representation” and said that the employees deserved monetary damages from the union.
Our clients have since settled their case to the mutual satisfaction of all parties.
Read more: buff.ly/7p9LLMN





