CENTRAL ISLIP, NY (Legal Newsline) – Two New York public school teachers allege they must pay agency fees to a union as a condition of their employment.
Scott Pellegrino and Christine VanOstrand, on behalf of themselves and all other similarly situated, filed a complaint on June 13 in the U.S. District Court for the Eastern District of New York, Central Islip Division against New York State United Teachers; United Teachers of Northport, et al. alleging violation of their constitutional rights.
According to the complaint, the plaintiffs are public school teachers. VanOstrand allegedly refuses to join defendant NYSUT or its affiliate union but is compelled to pay “fair-share fees” to the union as a condition of her employment.
The suit states Pellegrino is a member of the union but "opposes the NYSUT’s collective-bargaining activities and its political and ideological advocacy," but "resigning his membership would save very little money and would not be worth the cost of losing his vote and whatever little influence he might have in collective-bargaining matters."
The plaintiffs hold New York State United Teachers; United Teachers of Northport, et al. responsible because the defendants allegedly committed the tort of conversion by appropriating money from agency-fee payers without first securing their affirmative, written and freely given consent.
The plaintiffs seek to permanently enjoin defendants, award costs, attorneys' fees, and grant all other relief that the court may deem just, proper, or equitable. They are represented by Jonathan F. Mitchell of Mitchell Law PLLC in Austin, Texas and Paul Neihaus of Kirsch & Niehaus in New York.
U.S. District Court for the Eastern District of New York Central Islip Division case number 2:18-cv-03439-JMA-GRB