happened ship which how we did against the rory for put exercise of the protected interest respectfully to the district court the evidence of that very simple proposition is overwhelming even though at each stage association claim judge but in order to avoid it by ripping defense and someone made an association claim i would want to see whether or not that individual had ever actually been an active union rate member or if as an after the fact think believe someone was attempting to claim that even though you may have had it with jim it reason for the adverse action that you told you really did it for the fact that i was a republican or a presbyterian or a union member or whatever that  way there are tempting to take it from the drawing work to real life to show you how this really happens so when you happen as we did here and i will get ahead of the chronology just a little bit in order to make the argument that the i won't do that because i am against a union that's a very difficult thing for someone to believe in the state again this is all association all right yesterday so that's where the well is do you need to have a first p versus alabama where he basically says in the event an association claim is inadequate what value is there to the association benefit and what i would point this court to in this record which is why i say there is a good and substantial opportunity for this clerk to pay the invitation contained in philly and to extend the association to meet the other circuits in the split should we should we should we accept the invitation to say that if there is an association right so long as the fact that i was actually sizing that right in a way that the employer or entity acknowledged was a factor in it determination it is exactly the same thing as saying i read a newspaper i worship a particular church at any other interest that is protected by the constitution with respect it what business is it  did that for decades it has been a employer recognized by the public employment relations commission for decades number to to the extent you get that benefit your employees can only  and mandatory time for certain years you could look almost as if it was soviet succession in the cold war if peace the premier today the fellow who is the captain now will succeed to the chief position with almost a resources to hire not once but not for not one but two surveys from mr fisher as a recognized expert in matters of police organization efficiency in the state of new jersey for a study now those are often the pretext upon which retaliation testifies that he was after an opinion that would allow him to do that because in the milburn fire department where he was a professional recommended against it he in the first he recommended against it and in the second and a more important one to where he said that without even asking the other municipality or the other municipality chief why don't you want to be the chief of police departments how could you possibly do to violate a variety of things but he did that and in that regard he did that because he wanted to make facts again it's hard to make the argument because you don't want to think think ill of it i don't want to think ill of a public official i certainly don't want to think that a public official could be possessed by such an animus that he would take this action but he had the be promoted to chief when poll already retired or the person who is now today the police chief became the police chief from sergeant to chief in less than three years now it is possible circumstances in existence milburn would be unkind but it would be in compliance with the procedure it had established in the forty's of patrolmen sergeant had and so on and when the tenant brown went in and asked about it his resignation is his resignation was in part prompted by the recognition that they're going to have been waiting in this holding pattern for a decade or more and then because i am of union member they're not going to make me sat it was i wish an unfettered hand in management you're standing in the way of an unfettered hand to management so long as you are a member so long as you associate you union busting activity in the fire department in the fire department the analogous rank would be talent chief he abolished he succeeded in abolishing but talented and he made it absolutely clear that if you are part of the f a in any significant way you will not be the fire chief so you look at back home plate you applied here you see these facts you go fisher gave you the report fisher is the einstein of these things in new jersey he said you need these people not withstanding that information you went back to fischer a second time and this time you said to him i want that captain's position eliminated and he wouldn't give it to you you then went to a neighboring  in the position where you'll be able to do it because you are union between a state speech crime speech versus freedom of association and other words it would seem that speech relates to but a discussion or dialogue about whether or not this circuit should run another circuits analysis of a constitutionally protected free speech or as usual claims is that only academic on these facts but should be good we didn't decide it more trenchant and never will not be cheap well that's really interesting because the undisputed facts are that every chief has been a union man because every single uniformed police officer in the cameron ship is a member of the union either the p t a or the s l way and the chief pays membership dues as well every single chief before mr prodi would have become chief and i will tell you why because had he waited another i don't see that particular matter being dealt with by the court other than i've done the analysis of free speech is literally the same as association you have to show that you were a member of the union he was and there was some burning on it and because she told him that the fact that his own testing going was no i wasn't murdered by it i didn't lose or get to moderate anything as a result of the reports that there was no money to go into ok so i don't know what more she could have said except listen if you're going to pull that out and say that the union association is enough well then i guess you have to mentioned yet another pension fund in new jersey that's all we go we just can't say go warships the burden to someone who'd never burn his first amendment speech or union status notwithstanding maybe there would have been no harm had mr priori stated past twenty fourteen yes and that would be speculative the question i respectfully submit to the court is as a person there's a better way to demonstrate that all the procedural safeguards that we were just split we heard about but the point is that being pragmatic  there is no way you can wait by tradition that a lieutenant was going to become chief of a comet with that right yes or so then you are becomes a cow a captain in twenty twelve so he's eligible he could have stayed some two point two fifty when she were retired but did not do so so even if he has an association claim so it was like ten times zero zero would be the argument that he he didn't state to take advantage of that quite i've set the course might understand the question but the answer would be this with hindsight we can always say that you should go is find the reason that explains why the consequence that occurred might not have happened had you put different weight on a different credit if instead you look at the position that mr poole already was in at that top you would say i've been a bit build on officer for twenty years and i'm speaking in gross t this is my career this is my employment this is my vocation this is my love i want to take i'll meet you half way always on as the president of the s l a which is six or seven guys in the suburban new jersey unless i am a member of the new jersey recognized certified public bearing representative and that's inadequate if at that moment i can't undo my past i was an officer of union officer i was bowl i am who i am and mr gordon is taking the position that because you were any time management that's the best way of looking at this you are not just a union remedy is extremely simple the remedy in new jersey would be a calculation of the damages according to the municipal salary ordinance and the pension contributions by the economists that we already have in the record at least calculation is four hundred  well he did retire but he could have stayed till sixty five he had been the chief he would have stayed there what or what is the complaint say there's a right to be tired in what he did in twenty forty because he knew he wasn't going to be the chief and either retired or soon to be retired experienced police officer because of the correlating function between law enforcement school safety mr party was a recognized member of the community they came to him they also went to be an officer in any innocent ality with a certified collective bargaining representative unless you are a member of that union so what is the same as saying as a citizen you have the right to vote you register to vote i better not find that actually he had complete and total power in that town there was no denying that at that time when he was discharging those foundations he could have said let's excel in all the things we're talking about instead of looking at