Legal Opinion

William Lowary and Sara Wyatt v. Lexington Local Board of Education, Ohio Education Association, Lexington Teachers Association

Court of Appeals for the Sixth Circuit

Decided May 17, 1990No. 88-4191PublishedCited by 46 opinions

1Opinion of the Court

MERRITT, Chief Judge.

Plaintiffs, dissenting nonunion teachers of a “closed-shop” bargaining unit in Ohio, attack as unconstitutional various procedures contained in the dues collection plan of the local and state teacher’s unions. They appeal the adverse portions of the District Court’s judgment in their action challenging the constitutionality of three fair share fee provisions in the dues collection plan made a part of a collective bargaining agreement. 704 F.Supp. 1476.

Specifically, the two nonunion teachers brought suit pursuant to 42 U.S.C. § 1983 against their employer, the Lexington…

2Cases cited32 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Goldberg v. KellySupreme Court of the United States · 1970
  4. Carey v. PiphusSupreme Court of the United States · 1978
  5. Goss v. LopezSupreme Court of the United States · 1975

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3Cited by46 opinions

  1. Carrollton-Farmers Branch Independent School District v. Edgewood Independent School DistrictTexas Supreme Court · 1992
  2. Hohe v. CaseyCourt of Appeals for the Third Circuit · 1992
  3. Dean v. Trans World Airlines, Inc.Court of Appeals for the Ninth Circuit · 1991
  4. Prescott v. County of El DoradoCourt of Appeals for the Ninth Circuit · 1999
  5. Marsha Otto F. Naylor Emery Dennis A. Erb Robert K. Gilbert James W. Lossell Barbara J. McAlley Wesley S. Semple, on Behalf of Themselves and All Other Non-Members Similarly Situated v. Pennsylvania State Education Association-Nea National Education Association Shaler Area Education Association, on Behalf of Themselves and All Other Local Associations Similarly Situated Marsha Otto F. Naylor Emery Dennis A. Erb Robert K. Gilbert James W. Lossell Barbara J. McAlley Wesley S. Semple, on Behalf of Themselves and All Other Non-Members Similarly Situated v. Pennsylvania State Education Association-Nea Shaler Area Education Association, on Behalf of Themselves and All Other Local Associations Similarly Situated, National Education Association Grove City Area Education Association Jane Campbell Barbara LeibyCourt of Appeals for the Third Circuit · 2003

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