Wessel v. City of Albuquerque

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 of a public sector employer. Lehnert v. Ferris Faculty Ass’n., 500 U.S. 507, 111 S.Ct. 1950, 114 L.Ed.2d 572 (1991). In the…