Leonard

Leonard v. Clark

Good Law
12 F.3d 885·1993 WL 530782
United States Court of Appeals for the Ninth CircuitDecember 27, 1993No. 91-35770California3,945 words

Opinion

Lead Opinion

Brunetti, J.

Appellants, the Portland Fire Fighters Association (the “Union”) and several of its individual members (the “individual plaintiffs”), brought a 42 U.S.C. § 1983 action against appellees, the City of Portland and several of its officials (collectively, the “City”). The Union and the individual plaintiffs sought to have the district court declare a provision of its collective bargaining agreement with the City a violation of the First Amendment and enjoin its enforcement. On cross-motions for summary judgment, the district court first dismissed the individual plaintiffs from the action and then granted the City’s motion, 758 F.Supp. 616 . We affirm.

I

The Union is the exclusive bargaining representative for various classifications of fire fighters employed by the City. The individual plaintiffs are fire fighters employed by the City; they are also members of the Union’s bargaining unit. Four of the individual plaintiffs also serve in official capacities for the Union: Randy Leonard as president, Tom Chamberlain as Secretary-Treasurer, Grant Coffey as a member of the Executive Board, and Richard Grace as a member of the negotiating team.

The current labor agreement between the…

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