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DASHIELL v. MONTGOMERY COUNTY, MD.

No. 90-2350.

925 F.2d 750 (1991)

Marie E. DASHIELL; William H. Van Aller; Harold L. Ritenour; Richard Newcome; Joe Mitchell Miller; David Ertter, On behalf of themselves and as a class of similarly situated employees, Plaintiffs-Appellants, v. MONTGOMERY COUNTY, MARYLAND; Sidney Kramer, County Executive; Lewis T. Roberts, Chief Administrative Officer; Montgomery County Council; Montgomery County Government Employees Organization; United Food and Commercial Workers, Local 400; Fiorigia Renne, Vice President, Local 400, United Food & Commercial Workers Union President, McGeo; Thomas R. McNutt, President Local 400 United Food & Commercial Workers Union, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1991.

Rehearing and Rehearing Denied March 4, 1991.

Attorney(s) appearing for the Case

Rossie David Alston, Jr., National Right to Work Legal Defense Foundation, Inc., Springfield, Va., for plaintiffs-appellants.

William W. Thompson, II, Zwerdling, Paul, Leibig, Kahn, Thompson & Driesen, P.C. (on brief: Michael T. Leibig, Zwerdling, Paul, Leibig, Kahn, Thompson & Driesen, P.C.), Washington, D.C., for defendants-appellees.

Before HALL and NIEMEYER, Circuit Judges, and CACHERIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied March 4, 1991.

NIEMEYER, Circuit Judge:

In Chicago Teachers Union v. Hudson, 475 U.S. 292, 106 S.Ct. 1066, 89 L.Ed.2d 232 (1986), the Supreme Court held that the First Amendment requires that nonunion employees in an agency shop be afforded an adequate advance explanation of the basis for the collective bargaining fee charged to them by the union as their exclusive bargaining agent...

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