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DIXON v. CITY OF CHICAGO

No. 89-3456.

948 F.2d 355 (1991)

Clarence DIXON, Robert Doyle, Anthony J. Boin, Joseph Bukauski, John A. Clancy, Charles F. Daugherty, Russell Harper, Donald M. Leigh, Louis Limper, William McDonough, William McManus, Walter Nockles, Gerald Wagner, Edwin R. Gendit, Earl Ruhnke, Harold P. Corrigan, Mark O'Bannon, John F. Emody, Jr., and George A. Truesdale, on behalf of themselves and all those similarly situated, Plaintiffs-Appellees, v. CITY OF CHICAGO and Harold Washington, Defendants/Cross-Plaintiffs-Appellees, and Chicago Firefighters Union Local No. 2, Defendant/Cross-Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 20, 1991.

Attorney(s) appearing for the Case

Margaret S. Garvey, Freeborn & Peters, Chicago, Ill., Rossie D. Alston, Jr., W. James Young (argued), National Right to Work Legal Defense Foundation, Springfield, Va., for plaintiffs-appellees.

David Johnson, Asst. Corp. Counsel, Mardell Nereim (argued), Office of the Corp. Counsel, Appeals Div., Chicago, Ill., for defendants-appellants.

Stephen B. Horwitz (argued), Jacobs, Burns, Sugarman & Orlove, Chicago, Ill., for defendant/cross-defendant-appellant.

Before CUMMINGS, EASTERBROOK and KANNE, Circuit Judges.

KANNE, Circuit Judge.

The plaintiffs, a class of non-union firefighters employed by the City of Chicago, brought suit in July 1986 to challenge the validity of the "fair share" provision of the City's collective bargaining agreement with Chicago Firefighters Union Local No. 2. This provision required the City to deduct automatically that portion of the nonunion employees' salaries attributable to their "fair share" of Union expenditures made during the collective...

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