Farmington employee sues town over labor union membership

An employee of the town of Farmington, in Ontario County, is suing the town and his labor union for refusing to let him leave the union and forcing him to pay union dues.

Edward Hinman, a motor equipment operator (MEO) for the water and sewer department in the town, is suing the town and Teamsters Local 118 in U.S. District Court.

Hinman is represented by Tessa E. Shurr, an attorney with The Fairness Center, a Harrisburg, Penn., organization that provides free legal services to people who feel they have been wronged by their union.

Hinman started working for the town in 2014 and joined the Teamsters in 2018. When he tried to resign his union membership in 2021, union officials refused to allow it and continued to deduct dues from his wages without his consent, Hinman claims.

The lawsuit claims Hinman’s First and Fourteenth Amendment rights were violated, as well as his rights under New York state laws.

Hinman wants his union membership resignation to be acknowledged and his dues refunded, with interest.

Hinman started working for the town as a full-time MEO on Feb. 3, 2014. On Nov. 6, 2017, the New York Public Employment Relations Board certified Local 118 as the “exclusive representative for the purpose of collective negotiations and the settlement of grievances,” according to the complaint.

According to the collective bargaining agreement (CBA), membership in Local 118 is not compulsory.

“Employees have the right to join, not join, or maintain their membership in (Local 118) as they deem fit. Neither party shall exert any pressure on or discriminate against an employee as regards such matter,” according to the complaint.

“The CBA does not identify any procedure by which an employee may become a member of Local 118 or revoke his or her membership in Local 118,” according to the suit.

“There is no written procedure by which an employee may become a member of Local 118 or revoke his or her membership in Local 118,” according to the complaint.

The lawsuit also claims the CBA “does not identify any procedure by which an employee may sign an ‘authorization’ to permit the town to deduct dues and fees from his or her wages at the behest of Local 118.”

And the CBA “does not identify any procedure by which an employee may revoke his signed ‘authorization’ to deauthorize the town’s dues deductions at the behest of Local 118,” according to the suit.

According to the lawsuit, the town does not have authorization to deduct union dues from Hinman’s wages and send them to Local 118.

In November 2021 Hinman told union steward Matthew Thompson that he decided to leave the union and deauthorize dues deductions, according to the suit.

Thompson told Hinman he could not resign his union membership or deauthorize dues deductions. Thompson told Local 118 representative Dave Weilert of Hinman’s decision to leave the union and deauthorize dues deductions, according to the complaint.

On Feb.17, 2022, town confidential secretary Marcy Daniels sent an email to Hinman explaining that, to leave the union and stop having dues deducted from his paycheck he must inform the town in writing that he is resigning union membership and no longer wants to pay union dues.

On Feb. 22, 2022, Hinman mailed identical letters to Local 118 and the town stating his wish to resign from Local 118 and have dues deductions stopped.

More than two months later, Weilert responded to Hinman’s letter telling him that he must send his request “in writing to Teamsters Local 118 secretary treasurer . . . within the 15-day window of 60-75 days prior to their anniversary/seniority date.”

“Despite plaintiff’s resignation of his union membership the town, acting in concert with Local 118, continued deducting dues and/or fees from his wages against his will and without his consent from the date plaintiff’s resignation should have been recognized until November or December 2022,” according to the complaint.

Hinman sent a letter to the town on Nov. 21, 2022, requesting that the town immediately stop deducting union dues from his wages or provide him with the authorization that entitles the town to continue the deductions.

In November or December 2022, the town stopped deducting dues from Hinman’s pay.

“Local 118, acting in concert with the town, took, received, and/or accepted purported union dues or fees from plaintiff’s wages against his will and without his consent from November 2021 until on or about November or December 2022,” according to the suit.

Town and union officials did not immediately respond to requests for comment.

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