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WESSEL v. CITY OF ALBUQUERQUE

Nos. 04-2212, 04-2261.

463 F.3d 1138 (2006)

Rory A. WESSEL, Donald Scott, Frank Parra, Walter K. Newton, Paulette Mora Gonzales, Mark Mora, Janine Lavigne, Raymond Largo, Sr., Mark A. Garcia, Rudy Archuleta, Jr., Jerry Anaya, Sam Aguilar, Rueben Lucero, and all others similarly situated, Plaintiffs-Appellees, v. CITY OF ALBUQUERQUE, Jim Baca, Mayor, City of Albuquerque, Peggy Hardwick, Director Employee Relations, City of Albuquerque, Local 624 American Federation.of State, County and Municipal Employees, AFL-CIO, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 19, 2006.

Attorney(s) appearing for the Case

Jeremiah A. Collins, Bredhoff & Kaiser, P.L.L.C., Washington, DC (Stanley K. Kotovsky, Jr., Tinnin Law Firm, Albuquerque, NM, for Defendants-Appellants City of Albuquerque, Jim Baca, and Peggy Hardwick, and Robert Alexander, Bredhoff & Kaiser, P.L.L.C., Washington, DC, and Jerry Todd Wertheim, Jones Snead Wertheim Wentworth & Jaramillo, PA, Santa Fe, NM, for Defendant-Appellant Local 624, American Federation of State, County and Municipal Employees, with him on the briefs) for Defendant-Appellants.

Raymond J. LaJeunesse, Jr., National Right to Work Legal Defense Foundation, Inc., Springfield, VA (Robert L. Piddock, Albuquerque, NM, with him on the brief) for Plaintiffs-Appellees.

Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This appeal is our second review of the constitutionality of fees assessed by the City of Albuquerque and its municipal union, Local 624, against employees who were not members of the union. The Supreme Court has held that employees who are not members of a union may be assessed a fair share of the costs of union expenses arising from the negotiation of collective bargaining agreements and other union activities that benefit all of the employees...

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