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WELLS v. WAUKESHA MARINE BANK

No. 85-1532.

135 Wis.2d 519 (1986)

401 N.W.2d 18

Arthur WELLS, Administrator of Local 2491, American Federation of State, County and Municipal Employees, AFL-CIO; and Robert Lyons, Deputy Administrator of Local 2491, American Federation of State, County and Municipal Employees, AFL-CIO both in their official capacities, Plaintiffs-Respondents and Cross-Appellants, v. WAUKESHA COUNTY MARINE BANK, Defendant, Judith VANNUCCHI, Patricia Schmidt, Jacqueline Johnson, Kathleen Dentici, Joyce Slater, Barbara Randa, Monica Matteson and July Fargo, Defendants-Appellants and Cross-Respondents.

Court of Appeals of Wisconsin.

Decided December 23, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants and cross-respondents, the cause was submitted on the briefs of Robert H. Friebert, William S. Roush, Jr., and Cordelia S. Munroe of Friebert, Finerty & St. Johns, S.C., of Milwaukee. Oral argument by Robert H. Friebert.

For the plaintiff-respondents and cross-appellants, the cause was submitted on the briefs of Richard V. Graylow of Lawton & Cates, S.C., of Madison. Oral arguments by Richard V. Graylow.

Before Scott, C.J., Brown, P.J., and Moser, J.

BROWN, P.J.

The major issue on appeal is whether a provision of the International Constitution of the American Federation of State, County and Municipal Employees (AFSCME), requiring forfeiture of a local union's treasury upon the employees' election of a different bargaining representative, is enforceable.1 We conclude that it is not because, as applied, the provision violates Wisconsin public...

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