STATE EDUC. SUPERIN'T v. ALA. EDUC. ASS'N

1110413.

144 So.3d 265 (2013)

STATE SUPERINTENDENT OF EDUCATION et al. v. ALABAMA EDUCATION ASSOCIATION, an Alabama nonprofit corporation, et al.

Supreme Court of Alabama.

October 25, 2013.


Attorney(s) appearing for the Case

Luther Strange , atty. gen., and John C. Neiman, Jr. , deputy atty. gen., and James W. Davis , asst. atty. gen., for appellants Luther Strange, Dr. Thomas Bice, Susan Yvette Price, Scott Anderson, Ashley M. Rich, Robert T. Treese III, and Brian McVeigh.

Albert L. Jordan and Susan E. McPherson of Wallace Jordan Ratliff & Brandt, LLC, Birmingham; and Algert S. Agricola of Ryals, Plummer, Donaldson, Agricola & Smith, P.C., Montgomery, for appellants Governor Robert Bentley, Finance Director Marquita Davis, and Comptroller Thomas L. White, Jr.; and Cooper Shattuck, legal advisor to Governor Robert Bentley.

J. Cecil Gardner , The Gardner Firm, P.C., Mobile; Sam Heldman of The Gardner Firm, P.C., Washington, D.C.; and Robert D. Segall of Copeland, Franco, Screws & Gill, PA, Montgomery, for appellees Alabama Education Association, Alabama Voice of Teachers for Education, Pam Hill, Cathey McNeal, Jeff Breece, Chassity Smith, Dorothy Strickland, and Ronald Slaughter.

Robert W. Weaver of Quinn, Connor, Weaver, Davies & Rouco, LLC, Birmingham; Leslie J. Horton , Birmingham; and Douglas L. Steele of Woodley & McGillivary, Washington, D.C., for appellees International Association of Fire Fighters et al.

Joe Espy III and J. Flynn Mozingo of Melton, Espy & Williams, PC, Montgomery, for amici curiae Alabama State Employees Association "ASEA" and Sea-Pac, formerly known as the State Employees Association Political Action Committee, in support of the Alabama Education Association "AEA" and the Alabama Voice of Teachers for Education "A-Vote".


PARKER, Justice.

The United States Court of Appeals for the Eleventh Circuit has certified two questions to this Court pursuant to Rule 18, Ala. R.App. P.

I. Facts and Procedural History

In Davis v. Alabama Education Ass'n, 92 So.3d 737 (Ala.2012), this Court summarized the facts underlying this litigation:

"Employees of the State of Alabama are paid through the office of the comptroller...

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