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BALTIMORE TCHRS. UN. v. MAYOR, ETC., OF BALTIMORE

Nos. 92-2234, 92-2237 and 92-2238.

6 F.3d 1012 (1993)

BALTIMORE TEACHERS UNION, AMERICAN FEDERATION OF TEACHERS LOCAL 340, AFL-CIO; the City Union of Baltimore, American Federation of Teachers, Local 800, AFL-CIO, Plaintiffs-Appellees, v. MAYOR AND CITY COUNCIL OF BALTIMORE; Kurt L. Schmoke, Individually and in his capacity as Mayor and Member of the Board of Estimates of Baltimore City; Mary Pat Clarke, Individually and in her capacity as President of the Baltimore City Council and Member of the Board of Estimates of Baltimore City; Jacqueline F. McClean, Individually and in her capacity as Comptroller and Member of the Board of Estimates of Baltimore City; Neal Janey, In his capacity as Member of the Board of Estimates of Baltimore City; George F. Balog, Individually and in his capacity as Member of the Board of Estimates of Baltimore City; Board of Estimates of Baltimore City, Defendants-Appellants. In Re STATE OF MARYLAND, Appellant, v. BALTIMORE TEACHERS UNION, AMERICAN FEDERATION OF TEACHERS LOCAL 340, AFL-CIO; the City Union of Baltimore, American Federation of Teachers, Local 800, AFL-CIO, Plaintiffs-Appellees, v. MAYOR AND CITY COUNCIL OF BALTIMORE; Kurt L. Schmoke, Individually and in his capacity as Mayor and Member of the Board of Estimates of Baltimore City; Mary Pat Clarke, Individually and in her capacity as President of the Baltimore City Council and Member of the Board of Estimates of Baltimore City; Jacqueline F. McClean, Individually and in her capacity as Comptroller and Member of the Board of Estimates of Baltimore City; Neal Janey, In his capacity as Member of the Board of Estimates of Baltimore City; George F. Balog, Individually and in his capacity as Member of the Board of Estimates of Baltimore City; Board of Estimates of Baltimore City, Defendants. BALTIMORE CITY LODGE NUMBER 3 FRATERNAL ORDER OF POLICE, Plaintiff-Appellee, v. MAYOR AND CITY COUNCIL OF BALTIMORE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 2, 1993.

Order and Dissenting Opinion on Denial of Rehearing and Rehearing October 12, 1993.

Attorney(s) appearing for the Case

Ambrose T. Hartman, Deputy City Sol., Dept. of Law; and Marlene Trestman, Asst. Atty. Gen., Baltimore, MD, argued (William R. Phelan, Jr., Sr. Sol., James S. Ruckle, Jr., Asst. Sol., Dept. of Law, and J. Joseph Curran, Jr., Atty. Gen., on brief), for appellants.

Joel Allen Smith, Kahn, Smith & Collins, P.A. and Michael Lawrence Marshall, Schlachman, Belsky & Weiner, P.A., Baltimore, MD, argued (Christyne L. Neff, Kahn, Smith & Collins, P.A., Herbert R. Weiner, Schlachman, Belsky & Weiner, P.A., on brief), for appellees.

Before WIDENER and LUTTIG, Circuit Judges, and VOORHEES, Chief United States District Judge for the Western District of North Carolina, sitting by designation.

Order and Dissenting Opinion on Denial of Rehearing and Rehearing En Banc October 12, 1993.

OPINION

LUTTIG, Circuit Judge:

In response to budgetary shortfalls, Baltimore City implemented a plan under which it ultimately reduced the annual salaries of its employees by approximately 1%, through deductions from five of their semi-monthly paychecks. Its teachers and police, through their certified collective bargaining units, brought suit alleging that...

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