S.J. Transportation workers sue to stop paying union dues
CAMDEN – Seven drivers for the South Jersey Transportation Authority are hauling the authority into U.S. District Court here to force it to stop deducting money from their paychecks to satisfy union dues.
The drivers also are suing the union accepting the dues, Local 196 of the International Federation of Professional and Technical Engineers. All seven plaintiffs quit the union in late 2021 and rescinded permission for union dues to be deducted effective this January.
Attorneys for the group claim the continuing involuntary deductions violate the First Amendment rights of the drivers by compelling them to finance union positions. The lawsuit demands a court order to stop the deductions, reimbursement with interest, and legal fees and costs.
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The 13-page complaint, which was filed May 2, also claims the drivers were within their rights to stop paying dues in January under New Jersey law and the collective bargaining agreement between the SJTPA and IFPTE Local 196.
Authority spokeswoman Kimberly Testa on Thursday said there would be no comment on the situation due to the court action. Authority Executive Director Stephen F. Dougherty, a Logan Township resident, also is a defendant in the 13-page complaint.
Local 196, which is based in Iselin, did not respond immediately to requests for comment.
The National Right to Work Legal Defense Foundation, based in Springfield, Virginia, brought the lawsuit on behalf of the seven drivers, all of whom live in South Jersey and still work for the SJTA.
The drivers are identified as Tyron Foxworth of Atlantic County; Doris Hamilton of Camden County; Karen Burdett of Burlington County; Karen Hairston of Camden County; Ted Lively of Atlantic County; Arlene Gibson of Camden County; and Stanley Burke of Cumberland County.
Foxworth is a former president of Local Chapter 11 of Local 196, and Hamilton is a former local executive board secretary.
The constitutional basis for the lawsuit is a 2018 U.S. Supreme Court decision in the case Janus v. AFSCME, Council 31. That decision held that forcing public sector workers to pay union dues as a condition of employment was a violation of the First Amendment.
Foundation President Mark Mix said the Supreme Court decision was unambiguous in demanding consent from workers.
“IFPTE officials are demonstrating they clearly value union dues revenue over the rights of the workers they claim to ‘represent,’” Mix said. “Not only are those officials rebuffing clear notice from workers that they no longer want to support the union’s activities, but they’re enforcing a more restrictive dues policy about which workers had absolutely no knowledge.”
New Jersey created the SJTA, based in Elwood, to be responsible for the Atlantic City Expressway, Atlantic City International Airport terminal, and parking facilities in Atlantic City.
Additionally, it has responsibility for coordinating the public transportation in South Jersey. Its territory includes the counties of Atlantic, Cape May, Cumberland, Salem, Gloucester, and Camden.
Joe Smith is a N.E. Philly native transplanted to South Jersey more than 30 years ago, keeping an eye now on government in South Jersey. He is a former editor and current senior staff writer for The Daily Journal in Vineland, Courier-Post in Cherry Hill, and the Burlington County Times.
Have a tip? Reach out at jsmith@thedailyjournal.com. Help support local journalism with a subscription.
This article originally appeared on Cherry Hill Courier-Post: State authority drivers challenge union deductions in federal court
