Read WAGNER v. PROF'L ENG'RS IN CALIFORNIA GOV'T, 02-16397, 02-16461

The proper remedy for defendant's defective notice to fee payers who are not union members is issuance of a proper notice with a renewed opportunity for nonmembers to object and to receive refunds of the nonchargeable portion of the fee, with interest. Plaintiffs are judicially estopped from claiming that defendant's notice improperly classified certain expenditures as "chargeable."

Appellate Information

• Argued 06/10/2003
• Submitted 06/10/2003
• Decided 01/14/2004
• Published 01/14/2004

Judges

• GRABER, Circuit Judge., Before: GRABER, WARDLAW, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• 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.