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SCHLAUD v. SNYDER

No. 12-1105.

717 F.3d 451 (2013)

Carrie SCHLAUD; Edward J. Gross; Nora I. Gross; Peggy M. Mashke; Diana Orr, and others similarly situated, Plaintiffs-Appellants, v. Rick SNYDER, et al., Defendants, International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America; Michigan Council 25 of the American Federation of State, County and Municipal Employees, AFL-CIO; Child Care Providers Together Michigan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 22, 2013.

Attorney(s) appearing for the Case

ARGUED: William L. Messenger , National Right to Work Legal Defense Foundation, Springfield, Virginia, for Appellants. John M. West , Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Appellees. ON BRIEF: William L. Messenger , National Right to Work Legal Defense Foundation, Springfield, Virginia, for Appellants. John M. West , Bredhoff & Kaiser, P.L.L.C, Washington, D.C., for Appellees.

Before: MOORE and COOK, Circuit Judges; and BERTELSMAN, District Judge.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiffs-Appellants are home childcare providers in Michigan seeking to file a class-action lawsuit for the return of union dues and agency fees that were collected allegedly in violation of their First Amendment rights. The district court denied certification of plaintiffs' proposed class — all home childcare providers in Michigan — because there was a conflict of interest within the class that...

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