REESE v. CITY OF COLUMBUS

Nos. 93-4112, 94-3108.

71 F.3d 619 (1995)

Richard W. REESE; George R. Jordan; Richard D. Kaufman; Betty Slater; Larry L. Wygle; Marion R. Cramblit; Timothy Wanner, on behalf of themselves and the class that they represent, Plaintiffs-Appellants, v. CITY OF COLUMBUS; Gregory Lashutka, Mayor; Local 1632; Ohio Council 8; American Federation of State, County and Municipal Employees, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1995.


Attorney(s) appearing for the Case

Glenn M. Taubman, W. James Young (argued and briefed), Springfield, VA, for plaintiffs-appellants.

Ronald J. O'Brien, Douglas K. Browell (briefed), City Attorney's Office for City of Columbus, Columbus, OH, for City of Columbus, Gregory Lashutka.

Donald J. Mooney, Jr. (argued and briefed), Benesch, Friedlander, Coplan & Aronoff, Cincinnati, OH, Rochelle L. Gardner, AFSCME, Ohio Council 8, Worthington, OH, for Local 1632.

Mark D. Tucker, Benesch, Friedlander, Coplan & Aronoff, Columbus, OH, Donald J. Mooney, Jr., Cincinnati, OH, for Ohio Council 8, American Federation of State County and Mun. Employees.

Before: MARTIN, GUY, and DAUGHTREY, Circuit Judges.


BOYCE F. MARTIN, JR., Circuit Judge.

This case requires us again to address the issue of whether unions may collect a fair share fee to pay for so-called "extra-unit"1 collective bargaining-related litigation, lobbying and advertising expenses from nonunion employees who, pursuant to Ohio law, belong to a collective bargaining unit represented exclusively by the unions. The City of Columbus deducts the fair share fee from the paychecks...

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