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eBook details

• Title: Lowary v. Lexington Local Board of Education
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 11, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Plaintiffs-appellants are non-union teachers employed by the defendant-appellee School Board. Another defendant-appellee, a union, is the exclusive bargaining representative for all the teachers employed by the School Board. The plaintiffs brought a civil rights action challenging the constitutionality of the unions agency fee collection procedures and sought to enjoin the collection of all agency fees pending a decision on the merits. The district court found that there was a strong likelihood that the unions procedures would be found constitutionally infirm due to the lack of advance notice of the rebate procedure and adequate information regarding the basis for the fee charged to non-union members. Therefore, the court decided to enjoin the collection of agency fees unless the School Board created an escrow account for placement of the fees, which it did. The plaintiffs appeal from the district courts failure to enjoin all collection of agency fees. We have recently held that no action can be taken to enforce a non-union members duty to pay any dues until a plan providing the constitutionally required procedures set forth in Chicago Teachers Union Local No. 1 v. Hudson, 475 U.S. 292, 89 L. Ed. 2d 232, 106 S. Ct. 1066 (1986), is in effect. Tierney v. City of Toledo, 824 F.2d 1497 (6th Cir. 1987). Accordingly, we find that the district court abused its discretion by permitting the collection and placement of fees in an escrow account when it found that the procedures established to protect non-union members were likely to be found constitutionally insufficient in the subsequent action on the merits. Therefore, we reverse.

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