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AMERICAN FEDERATION OF STATE v. PHOENIX

No. 1 CA-CV 04-0766.

142 P.3d 234 (2006)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 2384, Plaintiff/Appellant/Cross-Appellee, v. CITY OF PHOENIX, Defendant/Appellee/Cross-Appellant, The City of Phoenix Employment Relations Board, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

August 15, 2006.

Attorney(s) appearing for the Case

Martin & Bonnett, P.L.L.C. by Daniel L. Bonnett, Susan Martin, Jennifer L. Kroll, Phoenix, Attorneys for Plaintiff/Appellant/Cross-Appellee.

Office of the City Attorney, Gary Verburg, Acting City Attorney by L. Michael Hamblin, Assistant City Attorney, Phoenix, Attorneys for Defendant/Appellee/Cross-Appellant City of Phoenix.

William R. Brown, Phoenix, Attorney for Defendant/Appellee the City of Phoenix Employment Relations Board.

National Right to Work Legal Defense Foundation, Inc. by John R. Martin, Springfield, VA, and Perkins Coie Brown & Bain P.A. by Kandace B. Majoros, Michael T. Liburdi, Clinten N. Garrett, Phoenix, Attorneys for National Right to Work Legal Defense Foundation, Inc., Amicus Curiae.

WINTHROP, Judge.

¶ 1 The American Federation of State, County, and Municipal Employees, AFL-CIO, Local 2384 ("the Union") appeals from the superior court's judgment in favor of the City of Phoenix ("the City"). The Union argues that the superior court erred in finding that the Union's proposed mandatory deductions from non-union workers' wages, or "fair share" proposals, are illegal under Arizona state law; violate the City's "meet and confer" ordinance; and...

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