LOWARY v. LEXINGTON LOCAL BD. OF EDUC.

No. 87-3023.

854 F.2d 131 (1988)

William LOWARY & Sara Wyatt, Plaintiffs-Appellants, v. LEXINGTON LOCAL BOARD OF EDUCATION; Robert Whitney; Mark Plotnick; Susan Umbarger; James Bollinger; Rick Bell; and Helen Gilroy, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 11, 1988.


Attorney(s) appearing for the Case

Glenn M. Taubman (argued), National Right to Work Legal Defense Foundation, Springfield, Va., James A. Calhoun, Calhoun, Benzin, Kademenos & Heichel, Mansfield, Ohio, for plaintiffs-appellants.

Alexander M. Andrews (argued), Ulmer, Berne, Laronge, Glickman & Curtis, Cleveland, Ohio, Ira J. Mirkin (argued), Green, Schiavoni, Murphy, Haines & Sgambati, Youngstown, Ohio, Lorne L. Braverman, Kathleen McManus, Columbus, Ohio, for defendants-appellees.

Before KRUPANSKY and RYAN, Circuit Judges, and CONTIE, Senior Circuit Judge.


RYAN, Circuit Judge.

Plaintiffs-appellants are non-union teachers employed by the defendant-appellee School Board. Another defendant-appellee, a union, is the exclusive bargaining representative for all the teachers employed by the School Board. The plaintiffs brought a civil rights action challenging the constitutionality of the union's agency fee collection procedures and sought to enjoin the collection of all agency fees pending a decision on the merits. The district...

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