BRANCH v. CITY OF MYRTLE BEACH

No. 25131.

340 S.C. 405 (2000)

532 S.E.2d 289

Larry G. BRANCH, II and James P. Phalen, Respondents, v. CITY OF MYRTLE BEACH, South Carolina, Lynwood Womack (in his capacity as Fire Chief of the City of Myrtle Beach) and Charles Molony Condon, ex rel, Attorney General of the State of South Carolina, Petitioners.

Supreme Court of South Carolina.

Decided May 15, 2000.


Attorney(s) appearing for the Case

Julian H. Gignilliat, Stephen T. Savitz, and M. Richbourg Roberson, all of Gignilliat, Savitz & Bettis, of Columbia; Senior Assistant Attorney General C. Havird Jones, Jr., of Columbia, for petitioners.

Howell V. Bellamy, Jr. and Douglas Zayicek, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach; Erick J. Genser and Kurt T. Rumsfeld, of Mulholland & Hickey, of Washington, D. C., for respondents.

Roy D. Bates, of Columbia, for Amicus Municipal Association of South Carolina.

John G. Creech, D. Christopher Lauderdale and D. Randle Moody, II, all of Haynsworth Baldwin Johnson & Greaves, LLC, of Greenville, for Amicus South Carolina Chamber of Commerce.

Armand Derfner and D. Peters Wilborn, Jr., of Charleston, for Amicus AFL-CIO.


TOAL, Justice:

This case is an appeal from a Court of Appeals' opinion finding that South Carolina's right-to-work statute applies to public employment. We disagree and reverse.

FACTUAL/PROCEDURAL BACKGROUND

Respondents Larry Branch and James Phalen (collectively "the Firemen") are firefighters employed as lieutenants by the City of Myrtle Beach ("the City"). Both Firemen joined Local 2345, a labor union...

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