A former bus driver with Pittsburgh Regional Transit is suing the union that used to represent him, alleging that union officers colluded with the agency and failed to protect the drivers who opposed the covid-19 vaccine mandate.

Jon Lutz was terminated as a result of the vaccine mandate imposed by Allegheny County in 2022. He is suing on his own behalf and is seeking class-action status to represent more than 80 other union members who were also terminated after their requests for a religious or medical exemption from the vaccine mandate were denied.

The complaint names as defendants Amalgamated Transit Local No. 85, ATU President Ross Nicotero, Secretary-Treasurer Jeffrey DiPerna, Assistant Business Agent for Operations Michael Allen and Assistant Business Agent Rich Keating.

It seeks damages and fees, as well as an order declaring a global settlement agreement in which terminated drivers were offered their jobs back null and void.

The transit agency ended its covid vaccine requirement in August and offered terminated employees the opportunity to return to work.

Of the 82 people terminated, 23 have indicated they will be returning to work, according to agency spokesman Adam Brandolph. The deadline to notify PRT was Sept. 30.

Union attorney Joe Pass said the leadership did an excellent job for its members.

“They all got their jobs back. I’m sure they wanted paid, but that wasn’t going to happen,” Pass said. “They ought to be satisfied with what they got.”

As for defending itself against the lawsuit, Pass said, “We feel very confident what we’ve done was the best thing for everyone.”

The lawsuit, filed in Allegheny County Common Pleas Court, alleges that the union breached its duty of fair representation of the plaintiffs.

It claims the terminated union members were abandoned by their union after the vaccine mandate took effect on Feb. 1, 2022. Prior to then, seven employees died of covid, including three after the vaccine had become widely available.

When the mandate was in place, Pittsburgh Regional Transit said it met 98% compliance.

“For the next several months, plaintiffs were one by one led into the disciplinary hearings and were wrongfully terminated while their union sat idly by in no way advocating for the rights of its members, saying things like, ‘I told you to get the vaccine,’ or, ‘We warned them of the consequences of not complying with the mandate.’”

The lawsuit alleges Lutz’s union representative never advocated for his rights and instead “sat quiet like a potted plant.”

The complaint also alleges collusion between Pittsburgh Regional Transit and the union regarding an ongoing federal lawsuit filed by the terminated drivers against the agency, including the status of arbitration. It further alleges that the settlement agreement to allow terminated employees to return to work “was clearly not in plaintiffs’ best interests and was done to deliberately undermine plaintiffs’ claims against PRT.”

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