Labor & Employment Law

U.S. Court of Appeals, Third Circuit, holds employee of the county not covered by the Labor Management Relations Act

U.S. Court of Appeals, Third Circuit, holds employee of the county not covered by the Labor Management Relations Act
Veatch v Allegheny County Bureau of Correction and SEIV, CA Third Circuit, 07-3005, Decided May 23, 2008

Alleging violations of the Labor Management Relations Act [LMRA], Regis Veatch sued his former employer, the Allegheny County Bureau of Corrections, following his termination for misconduct. Veatch also sued his collective bargaining representative, After his employment was terminated for misconduct, the Service Employees International Union, for an alleged breach of its duty of fair representation.

The District Court dismissed his complaint, determining that it lacked jurisdiction because neither Allegheny County nor the SEIU are ?employers? within the meaning of the LMRA. The Circuit Court of Appeals affirmed the lower court?s decision.

The parties concede that the Allegheny County jail is operated and maintained by the County
Jail Oversight Board. The Circuit Court noted that in Crilly v. Southeastern Pennsylvania Transportation Authority, 529 F.2d 1355, it held that a transportation authority was not an
?employer? for purposes of the LMRA because it was a political subdivision.

The court said that it had also held that employees working for the authority could not be considered ?employees? within the meaning of the LMRA. Finding that the Jail Oversight Board is a creature of statute and, therefore, a political subdivision of the government, the court said that as such it was exempt from the LMRA.

Full post as published by New York Public Personnel Law on June 19, 2008 (boomark / email).