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E.E.O.C. v. AM. FED. OF STATE, COUNTY & MUN. EMP.

No. 94-CV-1022.

937 F.Supp. 166 (1996)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Edward P. Kelly, Plaintiff-intervenor, v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO and Security and Law Enforcement Employees Council 82, Defendants, and State of New York and State Department of Correctional Services, Rule 19 Defendants.

United States District Court, N.D. New York.

June 14, 1996.

Attorney(s) appearing for the Case

E.E.O.C., New York District Office, New York City (James L. Lee, Ann Thacher Anderson, of counsel), National Right to Work Legal Defense Foundation, Inc., Springfield, VA (Bruce N. Cameron, of counsel), Kriss, Kriss & Brignola, Albany, NY (Charles T. Kriss, of counsel), for Edward P. Kelly.

Hite & Casey, P.C., Albany, NY (Lise Gelernter, of counsel), for defendant AFSCME and Council 82.

Dennis C. Vacco, Attorney General, State of N.Y., Department of Law, Albany, NY (Robert A. Siegfried, Assistant Attorney General, of counsel), for State of N.Y., NYS Dept. of Correctional Services.

MEMORANDUM DECISION AND ORDER

CHOLAKIS, District Judge.

Plaintiff-Intervenor Edward P. Kelly (Kelly) is employed by the New York State Department of Correctional Services as a corrections officer at Great Meadow Correctional Facility. Defendant Council 82, a division of defendant American Federation of State, County and Municipal Employees (AFSCME), is the union which represents corrections officers. All corrections officers are required to pay either...

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