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NIELSEN v. INTERN. ASS'N OF MACHS. & AEROS. WKRS.

No. 95-2718.

94 F.3d 1107 (1996)

Jeffrey NIELSEN, Plaintiff-Appellant, v. INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, LOCAL LODGE 2569, International Association of Machinists & Aerospace Workers, AFL-CIO-CLC and Mercy Ambulance of Fort Wayne, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 5, 1996.

Rehearing and Suggestion for Rehearing Denied September 30, 1996.

Attorney(s) appearing for the Case

Glenn M. Taubman (argued), National Right to Work Legal Defense Foundation, Springfield, VA, Thomas M. Kimbrough, Barrett & McNagny, Fort Wayne, IN, for Jeffrey Nielsen.

Michael S. Huntine, Lewis & Wagner, Indianapolis, IN, Mark D. Schneider (argued), International Ass'n of Machinists and Aerospace Workers, Upper Marlbro, MD, for Intern. Ass'n of Machinists & Aerospace Workers, Local Lodge 2569 and AFL-CIO-CLC.

William T. Hopkins, Jr. (argued), Eric H.J. Stahlhut, Gallucci, Hopkins & Theisen, Fort Wayne, IN, Marjorie H. Gordon, Staci B. Walkes, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, PA, for Mercy Ambulance of Fort Wayne, Inc.

Before LAY, CUMMINGS, and DIANE P. WOOD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 30, 1996.

DIANE P. WOOD, Circuit Judge.

This case presents two questions about the implementation of the Supreme Court's decision in Communications Workers of America v. Beck, 487 U.S. 735, 108 S.Ct. 2641, 101 L.Ed.2d 634 (1988), which held that § 8(a)(3) of the National Labor Relations Act authorizes unions operating with an "agency shop" agreement...

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