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SCHEFFER v. CIVIL SERVICE EMPLOYEES, LOCAL 828

Docket No. 07-3683-cv.

610 F.3d 782 (2010)

David H. SCHEFFER, Mary C. Bergevin, Joseph L. Stephany, Laura J. Swartzenberg, on behalf of themselves and the class they seek to represent, Plaintiffs-Appellants, v. The CIVIL SERVICE EMPLOYEES ASSOCIATION, LOCAL 828; The Civil Service Employees Association; AFSCME, Local 1000; AFL-CIO; and American Federation of State, County, and Municipal Employees, AFL-CIO, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 28, 2010.

Attorney(s) appearing for the Case

John R. Martin, Milton L. Chappell, National Right to Work Legal Defense Foundation, Inc., Springfield, VA; Laurence B. Oppenheimer, Hiscock & Barclay, LLP, Buffalo, NY, for Plaintiffs-Appellants.

John M. West, Matthew Clash-Drexler, Bredhoff & Kaiser, P.L.L.C., Washington, D.C.; Jules L. Smith, Blitman & King LLP, Rochester, NY, for Defendants-Appellees.

Before: JACOBS, McLAUGHLIN, B.D. PARKER, Circuit Judges.

B.D. PARKER, JR., Circuit Judge.

Plaintiffs-Appellants David Scheffer, Mary Bergevin, Joseph Stephany, and Laura Swartzenberg are probation officers employed by Monroe County, New York. They work within a collective-bargaining unit represented by the Civil Service Employees Association, Inc. ("CSEA" or "the union"), Local 1000, AFSCME, AFL-CIO. Although they are not union members, they are nonetheless required by New York law to pay a fee to the union for certain...

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