BRANNIAN

ORDER GRANTING IN PART AND DENYING IN PART PARTIES’ CROSS MOTIONS FOR SUMMARY JUDGMENT

On May 5, 2004, Plaintiffs filed a motion for summary judgment on their claims for declaratory and injunctive relief and nominal damages. Pursuant to the Court’s request, Defendants waited to file their cross motion for summary judgment until January 28, 2005. For the reasons expressed below, the Court GRANTS in part and DENIES in part the parties’ cross motions for summary judgment.

I. Background

On August 29, 2002, Plaintiffs filed this action against the Municipal Employees Association (“MEA”) and the City of San Diego (collectively “Defendants”). Plaintiffs allege that Defendants unlawfully coerced nonunion employees to join the union in violation of the First Amendment by failing to provide them eligibility for enrollment in dental and vision plans under the employer-provided Flexible Benefits Plan. Plaintiffs seek injunctive and declaratory relief and nominal damages.

Plaintiffs, nonunion employees of the City of San Diego (“the City”), are exclusively represented for the purposes of collective bargaining by Defendant MEA. Since 1986, as a result of bargaining between the City and MEA,…