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ROBINSON v. STATE OF N.J.

No. 85-5669.

806 F.2d 442 (1986)

Paul H. ROBINSON, Clifford Owens, Paul B. Kelly, Allan Roth, Calvin W. Corman, Earl Maltz, Elihu Abrahams, Arnold Glass, Charles W. Uptom, Alex W. Wypyszinski, Michael Crew, Harold Zapolsky and Jackson Toby v. STATE OF NEW JERSEY, Thomas H. Kean, Governor, James W. Mastriani, Chairman, Public Employment Relations Commission, Edward J. Bloustein, President and Individually, Rutgers State University, Rutgers University, Rutgers University, Board of Governors, State Dept. of Higher Education, Mr. James A. Gormley, Director of Personnel and Individually, Rutgers University (Camden), Christine Mowry, Director of Office of Employee Labor Relations & Ind., Rutgers Council, AAUP and Ms. Sandra Walther, Executive Director, Rutgers Council, American Association, Richard Laity, Chairman, and Individually, AAUP Legislative Relations Committee, AAUP and Irvin J. Spitzberg, Jr., General Secretary AAUP, Richard Peskin, President and Individually, Rutgers Council of AAUP (D.C.Civil No. 82-1118). Joseph W. ANTONACCI, Meveril Jones, Thomas Gay, John Russell, Richard H. Trexler, A. William Onder, Leon Matelski, Edward Jakubco, Mrs. Dorothy Gray and William F. Gray v. STATE OF NEW JERSEY, Thomas H. Kean, Governor, James W. Mastriani, Chairman, Public Employment Relations Commission, Westfield Education Association, Sally Vejnoska, President and Individually, Union County Education Association, Westfield Board of Education, Dr. L.F. Greene, Superintendent and Individually, Robert Westkerna, Pascack Valley Regional Education Association, David T. Dierker, President and Individually, Bergen County Education Association, Pascack Valley Regional Board of Education, Mrs. Laurie Thorton, President and Individually, Edison Township Board of Education, Aurora Bernard-Salit, President and Individually, Middlesex County Education Association, Varia Versocki, President and Individually, Edison Township Board of Education, Charles A. Boyle, Superintendent, Ridgewood Education Association, Frank Sidoti, President and Individually, Ridgewood Board of Education, Rosemarie Schutt, President and Individually, Township of Ocean Board of Education, James F. Jeffries, President and Individually, New Jersey Education Association, Edith Fulton, President and Individually, National Education Association, Williard H. McGuire, President (D.C.Civil No. 82-1119). Allen OLSEN, William Anderson, Peter Yull, Larry Lang, Fred S. Smartt, and William J. Harrington v. COMMUNICATIONS WORKERS OF AMERICA (CWA), Glenn E. Watts, CWA District One, CWA Locals 1031, 1032, 1033, 1034, 1037, 1038, 1039, 1040 and State of New Jersey, Thomas H. Kean, Governor. Appeal of Paul H. ROBINSON, Clifford Owens, Paul B. Kelly, Allan Roth, Calvin W. Corman, Earl Maltz, Elihu Abrahams, Arnold Glass, Charles W. Upton, Alex W. Wypyszinski, Michael Crew, Harold Zapolsky and Jackson Toby, Appellants (Civil No. 82-1118). Appeal of Joseph W. ANTONACCI, Meveril Jones, Thomas Gay, John Russell, Richard H. Trexeler, A. William Onder, Leon Matelski, Edward Jakubco, Mrs. Dorothy Gray and William F. Gray, Appellants (Civil No. 82-1119). Appeal of Allen OLSEN, William Anderson, Peter Yull, Larry Lang, Fred S. Smartt and William J. Harrington, Appellants (Civil No. 82-3443).

United States Court of Appeals, Third Circuit.

Decided November 28, 1986.

Rehearing and Rehearing Denied January 14, 1987.

Attorney(s) appearing for the Case

Hugh L. Reilly (argued), National Right to Work Legal Defense Foundation, Inc., Springfield, Va., Jeffry A. Mintz, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Cherry Hill, N.J., for appellants.

James B. Coppess, Adair, Scanlon & McHugh, Washington, D.C., Ann H. Franke, American Association of University Professors, Washington, D.C., Robert H. Chanin, Bruce R. Lerner, Bredhoff & Kaiser, Washington, D.C., Paul Schachter, Reinhardt & Schachter, Newark, N.J., Laurence Gold (argued), Washington, D.C., Steven P. Weissman, Trenton, N.J., Richard A. Friedman, Ruhlman, Butrym & Friedman, Pennington, N.J., of counsel), for appellee.

Before ADAMS, HIGGINBOTHAM and VAN DUSEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 14, 1987.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This case presents a constitutional challenge to the 1979 amendment of the New Jersey Employer-Employee Relations Act ("the Act"), N.J.S.A. 34:13A-5.1 et seq., which allows public employers and public employee unions to include in collective bargaining agreements a requirement that employees who do not join the union must pay a representation...

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