SEPTA train. Photo: Wiki/Adam E. Moreira

In a dispute over non-union laborers working on SEPTA projects nearly 20 years ago, the International Brotherhood of Electrical Workers Local 98 has been awarded approximately $1.4 million in attorney fees from the resulting lawsuit.

U.S. District Judge Mark Kearney of the Eastern District of Pennsylvania granted IBEW 98′s request for attorney fees in the long-running case against the Fairfield Co., which the union investigated for its use of non-union laborers employed to do electrical work on five federally funded transit projects in Philadelphia.

IBEW 98 filed a False Claims Act case against Fairfield in 2009, claiming the contractor violated the False Claims Act from 2001 to 2007 by having its unskilled groundsman do electrician work in order to pay them less. IBEW 98 tried to get the federal government to intervene in the case, but it declined.

The federal government would eventually involve itself in IBEW's affairs years later, although in a separate matter: union leader John "Johnny Doc" Dougherty was indicted in 2019 on bribery charges in which federal prosecutors alleged he bought off Philadelphia City Councilman Bobby Henon to do his bidding.

But prior to that, IBEW 98 prevailed in its false claims case and asked the judge for an award of over $2 million in attorney fees. However, Kearney said in an April 10 opinion that the request was too high.

"The union local now seeks an award of $2,006,224.80 in attorney's fees, $2,952 in a supplemental request in attorney's fees, and $223,541.42 in costs. Arguing the union local enjoyed only limited success, the contractor objects to the number of hours and increased hourly rates beyond what the union local incurred. We sustain the contractor's objections to the windfall increase in hourly rates and strike undescribed costs but otherwise overrule its objections," Kearney said.

The judge added that the attorneys earned their pay, but at times "over-lawyered" the case.

"A review of the extensive docket and filings confirms Local 98 and Farfield hired skilled lawyers who aggressively sought to further or defend their interests in a unique challenge by a union local to a contractor's worker classifications on federal funded projects under the False Claims Act. At times over the 12 years, both counsel over-lawyered the case," Kearney said.

"But our role today is not second-guessing lawyer effort at the moment or offering after-the-fact speculation on how counsel could have succeeded with less time invested," he continued. "Lawyers need to pursue discovery and remedies consistent with their professional obligations and accurately and contemporaneously record their efforts. Congress motivates private lawyers to pursue misrepresentations in federally funded projects by allowing them to move for reasonable fees and costs incurred in recovering funds for the United States."

James Goodley of Jennings Sigmond represents IBEW 98 and did not respond to a request for comment. Susan Friedman of Stevens & Lee represents Fairfield and did not respond to a request for comment.