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RAE v. BAY AREA RAPID TRANSIT SUPERVISORY ETC.

Docket No. 46175.

114 Cal.App.3d 147 (1980)

170 Cal. Rptr. 448

CHARLES W. RAE et al., Plaintiffs and Appellants, v. BAY AREA RAPID TRANSIT SUPERVISORY AND PROFESSIONAL ASSOCIATION et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

December 30, 1980.

Attorney(s) appearing for the Case

COUNSEL

Maureen E. McClain, Littler, Mendleson, Fastiff & Tichy and Milton L. Chappell for Plaintiffs and Appellants.

Ronald Yank, Franklin Silver and Carroll, Burdick & McDonough for Defendants and Respondents.

Peter Nussbaum, Neyhart, Anderson & Nussbaum and Earle Putnam as Amici Curiae on behalf of Defendants and Respondents.

OPINION

SCOTT, J.

At issue here is the validity of the agency shop provisions of a collective bargaining agreement between San Francisco Bay Area Rapid Transit District (BART) and Bay Area Rapid Transit Supervisory and Professional Association (BARTSPA). Appellants are nonunion supervisory personnel of BART who sought declaratory and injunctive relief against the agency shop provision of the BARTSPA contract which requires that employees...

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