708 F. Supp. 961 | N.D. Ill. | 1989
ORDER
In the latest chapter in this episodic litigation,
In addition to asking for the entry of judgment, plaintiffs move for a stay of the court’s November 16 order pending their appeal of that order. Essentially, plaintiffs seek restoration of the escrow arrangement under which the CTU deposited all of its fair share revenues with the Clerk of the Court. Shortly after the court entered its November 16 order dissolving the previous escrow arrangement, the Clerk released to the CTU all fair share funds held in escrow. Nonetheless, in response to plaintiffs’ motion for a stay, the CTU has volunteered to return to the Clerk all fair share fees previously collected from plaintiffs, as well as any interest accrued on those funds. Additionally, the CTU has offered to deposit all of plaintiffs’ future fair share payments with the Clerk pending the resolution of plaintiffs’ appeal. The CTU’s proposal will adequately protect plaintiffs from the sort of irreparable harm that plaintiffs seek to avert. Therefore, by agreement of the parties, the court orders the CTU to deposit with the Clerk of the Court all fair share fees previously collected from the seven plaintiffs,
IT IS SO ORDERED.
. For a detailed account of the procedural history of this case, see Hudson v. Chicago Teachers Union, Local No. 1, 699 F.Supp. 1334, 1337-39 (N.D.Ill.1988).
. Plaintiffs argue that the Clerk of the Court should hold all of the CTU’s fair share proceeds in escrow pending appeal. Plaintiffs’ proposed escrow would include fees paid by nonunion employees who have not participated in this lawsuit. In this court's view, plaintiffs have failed to justify the creation of such a comprehensive escrow arrangement. When considering whether to grant a stay pending appeal, the court must determine "whether the applicant will be irreparably injured absent a stay.” Hilton v. Braunskill, 481 U.S. 770, 776, 107 S.Ct. 2113, 2119, 95 L.Ed.2d 724 (1987) (emphasis added). In applying for a stay in the instant case, plaintiffs have not demonstrated that they personally would suffer irreparable harm if their coworkers’ fair share payments are not placed in escrow pending appeal.
. Although plaintiffs assert that they would suffer irreparable harm if the CTU continued to collect fair share fees, this court sees no reason to suspend the CTU’s collection of plaintiffs’ fees while plaintiffs’ appeal pends. Even plaintiffs do not seek a moratorium on the CTU's collection of fair share fees. Instead, plaintiffs simply ask the court to reinstate the previous escrow arrangement. Under plaintiffs’ own proposal, the CTU could continue to collect fair share fees so long as the CTU deposited those fees with the Clerk of the Court. Apparently, plaintiffs recognize that the only real danger of irreparable injury in this case stems not from the mere collection of fair share fees, but from "the Union’s spending a part of [those] fees to contribute to political candidates and to express political views unrelated to its duties as exclusive bargaining representative.” Abood v. Detroit Board of Education, 431 U.S. 209, 234, 97 S.Ct. 1782, 1799, 52 L.Ed.2d 261 (1977). By mandating the escrow of plaintiffs’ future fair share payments pending appeal, this court has taken sufficient steps to prevent the sort of irreparable injury that the Supreme Court identified in Abood. In light of the precautions already taken by this court, the CTU need not discontinue its collection of plaintiffs’ fair share fees.