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CHURCHILL v. S. A. D. NO. 49 TCHRS, ASS'N

380 A.2d 186 (1977)

Elden L. CHURCHILL, as Superintendent of Schools, S. A. D. # 49, et al. v. S. A. D. # 49 TEACHERS ASSOCIATION.

Supreme Judicial Court of Maine.

November 18, 1977.

Attorney(s) appearing for the Case

Bernstein, Shur, Sawyer & Nelson by F. Paul Frinsko, Portland, for plaintiff.

Sunenblick, Fontaine & Reben by Stephen P. Sunenblick, Portland, for defendant.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.

DUFRESNE, Active Retired Justice.1

School Administrative District No. 49 (the District), organized and certified pursuant to 20 M.R.S.A., § 216, entered into an amended collective bargaining agreement (agreement) with the School Administrative District No. 49 Teachers Association (Association) pursuant to 26 M.R.S.A., § 965. Article V(A) of the amended agreement contains the following "agency shop" provision:

"As a condition...

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