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SERTIC v. CUYAHOGA, LAKE, ETC., CARPENTERS DIST. COUN.

Nos. 71-1307-71-1309.

459 F.2d 579 (1972)

John SERTIC et al., Plaintiffs-Appellees, Julius B. Conrad et al., Plaintiffs-Appellants, v. CUYAHOGA, LAKE, GEAUGA AND ASHTABULA COUNTIES CARPENTERS DISTRICT COUNCIL OF the UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

May 18, 1972.

Attorney(s) appearing for the Case

Ralph D. Kovanda, Cleveland, Ohio, for plaintiffs-appellants.

Kenneth G. Weinberg, Jerome N. Curtis, Cleveland, Ohio, for defendants-appellees ; Avery S. Cohen, Gottfried, Ginsberg, Guren & Merritt, Marvin L. Karp, Ulmer, Berne, Laronge, Glickman & Curtis, Cleveland, Ohio, on brief.

Before EDWARDS, PECK and BROOKS, Circuit Judges.

JOHN W. PECK, Circuit Judge.

In a prior appeal of this case, we decided that a referendum in which labor union members were given no opportunity to vote against an increase in their union dues (hereafter "wage assessment") without also voting against negotiations of an increase in wages was violative of § 411(a) (3) of the 1959 Labor Management Reporting and Disclosure Act, 29 U.S.C. § 401 et seq. Sertic v. Cuyahoga, 423 F.2d 515

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