Atkins v. City of Charlotte

296 F. Supp. 1068 (1969)

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Atkins v. City of Charlotte

United States District Court for the Western District of North Carolina
296 F. Supp. 1068 (1969)

Facts

The North Carolina Legislature enacted statutes (1) prohibiting all government employees from affiliating, in any capacity, with any labor union that might become affiliated with a national or international union whose purpose was, at least in part, collective bargaining (N.C.G.S. § 95-97); (2) voiding existing collective-bargaining agreements between units of government within North Carolina and labor unions (N.C.G.S. § 95-98); and (3) making any violation of these provisions a misdemeanor (N.C.G.S. § 95-99). The asserted state interest was that fire protection for the city might be disrupted by a strike. Four hundred employees of the Charlotte Fire Department (the firefighters) (plaintiffs) sought to become dues-paying members of a local union that would then affiliate with the International Association of Firefighters. The firefighters filed suit against the City of Charlotte (defendant), seeking declaratory and injunctive relief on the grounds that the statutes were overbroad and deprived them of constitutional rights under the First Amendment and the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution.

Rule of Law

Issue

Holding and Reasoning (Craven, J.)

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