Baloga v. Pittston Area School District

Baloga, a school district custodian since 1999 and vice president of the custodial union since 2010, claimed that the Pittston District and its maintenance director, Serino, violated his First Amendment rights by retaliating against him based on his union association and related speech. The relationship between the union and the District—and, in particular, Serino—was strained. Baloga had filed a grievance about a scheduling change and was subsequently transferred. The district court rejected the claims on summary judgment, concluding that Baloga’s activity was not constitutionally protected because it did not implicate a matter of public concern. The Third Circuit reversed in part. Where a public employee asserts retaliation in violation of the First Amendment as a free speech claim and a pure union association claim, those claims must be analyzed separately. Consistent with longstanding Supreme Court precedent, there is no need to make a separate showing of public concern for a pure union association claim because membership in a public union is “always a matter of public concern.” Baloga raised a triable issue about whether he was retaliated against based solely on his union association. View "Baloga v. Pittston Area School District" on Justia Law