Regis G. Veatch, a Pennsylvania Resident and; MARILYN S. VEATCH, his wife v. Allegheny County Bureau of Corrections

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 07-3005
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REGIS G. VEATCH, a Pennsylvania Resident and;
MARILYN S. VEATCH, his wife,
Appellants
v.
ALLEGHENY COUNTY BUREAU OF CORRECTIONS;
SERVICE EMPLOYEES INTERNATIONAL UNION
___________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil No. 07-cv-00140)
District Judge: The Honorable Terrence F. McVerry
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Submitted Under Third Circuit LAR 34.1(a)
May 23, 2008
Before: SMITH, HARDIMAN, and NYGAARD, Circuit Judges.
(Filed May 30, 2008)

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OPINION OF THE COURT
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NYGAARD, Circuit Judge.
After his employment was terminated for misconduct, Appellant Regis Veatch
sued the Allegheny County Bureau of Corrections for violations of the Labor
Management Relations Act . He also sued his union, the Service Employees International
Union, for an alleged breach of its duty of fair representation. The District Court
dismissed his complaint, determining that it lacked jurisdiction because neither Allegheny
County nor the SEIU are “employers” within the meaning of the LMRA.
Before the District Court, and then again on appeal, Veatch argues that he was not
an employee of Allegheny County, but rather of the County Jail Oversight Board. Both
parties concede that the Allegheny County jail is operated and maintained by the County
Jail Oversight Board. In Crilly v. Southeastern Pennsylvania Transportation Authority,
529 F.2d 1355 (3d Cir.1976), we held that a transportation authority was not an
“employer” for purposes of the LMRA because it was a political subdivision. We also
held that employees working for the authority could not be considered “employees”
within the meaning of the LMRA. The Board here, like the transportation authority in
Crilly, is a creature of statute and, therefore, a political subdivision of the government –
exempting it from the LMRA. We will affirm.

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