PA Fraternal Order of Police Lodge No. 38

Pa. state workers’ unions sue gov over furloughs

By MARK SCOLFORO Associated Press Writer

HARRISBURG, Pa.—Three labor unions representing thousands of Pennsylvania state government employees filed suit Thursday in an effort to block furloughs that have been threatened if state budget negotiations stall.

Gov. Ed Rendell has said that without a budget, as many as 25,000 workers in positions deemed not to be critical to the public’s health, safety or welfare must be furloughed without pay after the current fiscal year ends at midnight June 30.

Rendell plans to continue to pay workers in “critical” positions—such as state troopers and prison guards—after the budget year is over. Workers not in that category are at risk of being sent home without pay, although Rendell has said he might not order immediate furloughs if progress is being made.

The unions’ Commonwealth Court lawsuit argues that nothing in state law, federal law or the Pennsylvania Constitution “permits such a distinction between ‘critical’ and ‘noncritical’ employees with respect to furloughs.”

Rendell has cited the federal Fair Labor Standards Act’s requirement that workers be paid as part of the justification for furloughs. The lawsuit asks the state court to take up the matter on an expedited basis.

“It’s to answer the question: Is he correct in going behind the Fair Labor Standards Act to say that he has to furlough people without a budget?” said David R. Fillman, executive director of the American Federation of State, County and Municipal Employees Council 13.

The other unions that sued are the Pennsylvania Social Services Union Local 688 and the Federation of State Cultural and Educational Professionals Local 2382. Together the three organizations represent about 17,000 of the targeted workers.

The defendants are the state, Rendell, Rendell’s secretary of administration, his budget secretary and state Treasurer Robin L. Wiessmann.

Rendell and the Legislature are trying to hammer out a $28 billion-plus spending plan for next year, along with unresolved disputes over policies on energy, health care, economic development and infrastructure investment.

Chuck Ardo, a spokesman for the Democratic governor, said the administration was hopeful a budget deal would be struck in time to make the lawsuit moot.

“We recognize the union’s need to do what it believes is best for its members, but the governor has an obligation to uphold the (state) constitution,” Ardo said.

Wiessmann’s spokeswoman said the lawsuit was under review and the department had no immediate comment about its merits. 

Rendell told reporters Thursday that a Democratic-sponsored measure in the state House, if passed, would provide pay for workers for about a week and give negotiators some breathing room. He has backed off previous statements indicating that furloughs would occur at the stroke of midnight June 30.

“If we are continuing to make progress and it’s a question of a day or two of drafting or a day or two necessary by legislative rules, I am inclined to do what I did last year, and say, ‘We’re making progress, therefore I’m going to keep everybody working,’” he said.

Article