Wagner v. Professional Engineers In California Government

354 F.3d 1036 J. Richard WAGNER and Kristin Schwall, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees/Cross-Appellants, v. PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT, Defendant-Appellant/Cross-Appellee, and Kathleen Connell, State Controller, in her official capacity only, Defendant. No. 02-16397. No. 02-16461. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 2003. Filed January 14, 2004. COPYRIGHT MATERIAL OMITTED Jeffrey B. Demain, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, for the defendant-appellant/cross-appellee. Mark J. Beutler, National Right to Work Legal Defense Foundation, Inc., Springfield, VA, for the plaintiffs-appellees/cross-appellants. Appeals from the United States District Court for the Eastern District of California; Garland E. Burrell, District Judge, Presiding. D.C. No. CV-99-01692-GEB. Before: GRABER, WARDLAW, and CLIFTON, Circuit Judges. GRABER, Circuit Judge. 1 Defendant Professional Engineers in California Government ("PECG") is the exclusive bargaining agent for a unit of California state employees and has entered into a collective-bargaining agreement with the…