7 Pennsylvania opinions name it 3 courts 1981–2026 4 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Martino v. TRANSPORT WRKERS'UN. OF PHIL.green2 sentences2026Issues and Standard of Review We granted AFSCME’s petition for allowance of appeal to address the following issues: (1) Whether the Commonwealth Court’s decision below is contrary to this Court’s ruling in Martino v. Transport Workers’ Union, 480 A.2d 242 (Pa. 1984)? (2) Whether in a duty of fair representation claim, Section 1101.903 of PERA requires arbitration when plaintiff-employee received relief through the grievance process and the action for damages against the union requires the trial court to evaluate what the employee is entitled to under the collective bargaining agreement? (3) Wh 2024The issues, rephrased for clarity, are: (1) Whether the Commonwealth Court’s decision below is contrary to this Court’s ruling in Martino v. Transport Workers Union, 480 A.2d 242 (Pa. 1984)? (2) Whether, in a duty of fair representation claim, Section 1101.903 of PERA requires arbitration when plaintiff-employee received relief through the grievance process and the action for damages against the union requires the trial court to evaluate what the employee is entitled to under the collective bargaining agreement? (3) Whether, in a duty of fair representation claim, a public sector employer is a | 1 | 3 |
Felice v. Severgreen1 sentence2026Support Personnel Ass’n, 928 A.2d 1154 (Pa. Cmwlth. 2007); Felice v. Sever, 985 F.2d 1221, 1227-28 (3d Cir. 1993)).6 Additionally, AFSCME contends Gustafson’s claim is based on her assertion that she was entitled to a more advantageous resolution of her grievance under the collective bargaining agreement. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Vaca v. Sipes
green
2 sentences2026Instead, amicus asserts a duty of fair representation claim “arises always and only in the context of exclusive representation authority that is provided by statute.” PSEA Amicus Brief at 3 (citing Vaca, 386 U.S. at 177 ; Case v. [J-29-2025] - 8 Hazelton Area Educ. 2024The United States (U.S.) Supreme Court addressed the issue of whether an employee who files a duty of fair representation claim against a union is limited to a remedy of arbitration in Vaca v. Sipes, 386 U.S. 171 (1967), explicating: [The p]etitioners urge that an employee be restricted in such circumstances to a decree compelling the employer and the union to arbitrate the underlying grievance. | 3 | 1981–2026 |
Case v. HAZELTON EDUCATION. PERSONNEL ASS'N
green
1 sentence2026Support Personnel Ass’n, 928 A.2d 1154 (Pa. Cmwlth. 2007); Felice v. Sever, 985 F.2d 1221, 1227-28 (3d Cir. 1993)).6 Additionally, AFSCME contends Gustafson’s claim is based on her assertion that she was entitled to a more advantageous resolution of her grievance under the collective bargaining agreement. | 1 | 2026–2026 |
Bowen v. United States Postal Service
green
1 sentence2026Id. at 230 n.19. [J-29-2025] [MO: Mundy, J.] - 17 With this background, it is dubious that the reasoning espoused in Bowen can apply outside of the context of a duty of fair representation claim triggered by a bargaining unit employee’s wrongful discharge coupled with the union’s failure to properly handle a grievance challenging that discharge. | 1 | 2026–2026 |
Smith v. Bowers
green
1 sentence2020In Smith, the union members who filed the breach of the duty of fair representation claim sought, like Employees do here, a revote on the agreement and a preliminary injunction to stop the implementation of the collective bargaining agreement. 337 F. Supp. 2d at 579 . | 1 | 2020–2020 |
DelCostello v. International Brotherhood of Teamsters
green
2 sentences1995In their dissent in DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983), United States Supreme Court Justices John Paul Stevens and Sandra D. 1995In their dissent in DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983), United States Supreme Court Justices John Paul Stevens and Sandra D. | 1 | 1995–1995 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.