Bergin, C. v. Teamsters Local Union, 114 EDA 2017

Thomas Bergin, a Pennsylvania Turnpike Commission employee and member of Teamsters Local 77, was arrested on May 24, 2005; he missed multiple work days while incarcerated and injured, resulting in more than three unauthorized absences under the parties’ collective bargaining agreement (CBA).
The PTC terminated Thomas on June 3, 2005 pursuant to the CBA’s automatic-termination rule for excess unauthorized absences.
Thomas filed a grievance with the union (Teamsters Local 77); the PTC denied it and Thomas requested arbitration. Thomas died before the arbitration.
The union represented Thomas posthumously at arbitration, denied the grievance, and did not notify his widow, Carol Bergin, of the hearing despite her request to attend.
Carol sued the union alleging denial of due process and breach of the duty of fair representation; the Due Process claim was dismissed in federal court and the fair-representation claim was remanded.
After procedural maneuvering (default entry, opening the default, filing the federal record, conversion of a Rule 12(b)(6) motion into state preliminary objections), the trial court sustained the union’s preliminary objections and dismissed Carol’s complaint with prejudice; the Superior Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a non-member/widow can sue a union for breach of duty of fair representation	Bergin: union breached duty by excluding her from arbitration and thus she lost benefits that should pass to her	Teamsters: duty of fair representation applies only to union members/employees of the bargaining unit; Bergin is not covered	Court: Dismissed — non-member widow cannot maintain such a claim; no authority Bergin is third‑party beneficiary
Whether Bergin stated a viable third‑party‑beneficiary claim under the CBA	Bergin: she is a third‑party beneficiary entitled to protections/benefits	Teamsters: no basis under law for non-employee third‑party beneficiary claim here	Court: Rejected — pleadings show no legal basis for recovery as a third‑party beneficiary
Whether preliminary objections (demurrer) should have been overruled	Bergin: complaint should survive; argued procedural errors by union	Teamsters: pleadings legally insufficient; demurrer proper	Court: Sustained preliminary objections; complaint legally insufficient; dismissal with prejudice upheld
Whether appellate brief deficiencies justify affirmance or waiver	Teamsters (implicitly): Bergin’s brief lacked legal authority and required elements	Bergin: raised merits despite lacking authority	Court: Noted brief defects (no scope/standard, no authority); nonetheless addressed merits and affirmed

Steele v. Louisville & Nashville Railroad, 323 U.S. 192 (1944) (recognizing union duty to represent bargaining unit members fairly)
Vaca v. Sipes, 386 U.S. 171 (1967) (member’s cause of action against union for breach of duty of fair representation)
Air Line Pilots Ass’n Int’l v. O’Neill, 499 U.S. 65 (1991) (union conduct is arbitrary only if outside a wide range of reasonableness)
Allied Chemical & Alkali Workers v. Pittsburgh Plate Glass Co., 404 U.S. 157 (1971) (duty of fair representation does not extend to non-employees)
Ziccardi v. Commonwealth, 456 A.2d 979 (Pa. 1983) (remedy against union for failure to prosecute grievance is action for breach of duty of fair representation)
In re Estate of Whitley, 50 A.3d 203 (Pa. Super. 2012) (failure to cite authority in appellate brief constitutes waiver)
Hill v. Ofalt, 85 A.3d 540 (Pa. Super. 2014) (standard of review for sustaining preliminary objections)
Butler v. Illes, 747 A.2d 943 (Pa. Super. 2000) (issues inadequately developed in brief are waived)
Lackner v. Glosser, 892 A.2d 21 (Pa. Super. 2006) (arguments not appropriately developed are waived)
Estate of Haiko v. McGinley, 799 A.2d 155 (Pa. Super. 2002) (appellant must support each question with analysis and authority)