Foltz v. City of Dayton

With great reluctance, I concur in the judgment, being constrained to do so by Hagerman v. Dayton (1947), 147 Ohio St. 313, 34 O. O. 238, 46 Ohio Law Abs. 141, 71 N.E.2d 246, 170 A.L.R. 199.

Many commentaries cite this case as illustrative of a definitely conservative point of view. Vast changes have occurred and are still occurring in the social, economic and governmental structure which tend to weaken the philosophical basis of that decision. Here the city and the union are alike seeking to give effect to their agreement for an agency shop.

The technical objection to a wage assignment noted…