June 25, 2019 / 10:36 PM / 2 months ago

3rd Circuit says custodian's union membership protected by First Amendment

A U.S. appeals court on Tuesday revived constitutional claims by a public school custodian in Pennsylvania who says he was demoted after filing a union grievance about the elimination of paid days off.

A unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals said that public employees who allege violations of their freedom to associate with a union do not have to prove that they spoke out on an issue affecting the public, unlike plaintiffs in free-speech cases, “because membership in a public union is always a matter of public concern.”

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2YjoYgY

0 : 0
  • narrow-browser-and-phone
  • medium-browser-and-portrait-tablet
  • landscape-tablet
  • medium-wide-browser
  • wide-browser-and-larger
  • medium-browser-and-landscape-tablet
  • medium-wide-browser-and-larger
  • above-phone
  • portrait-tablet-and-above
  • above-portrait-tablet
  • landscape-tablet-and-above
  • landscape-tablet-and-medium-wide-browser
  • portrait-tablet-and-below
  • landscape-tablet-and-below