D'AGOSTINO v. BAKER

No. 15-1433.

812 F.3d 240 (2016)

Kathleen D'AGOSTINO; Denise Boian; Jean M. Demers; Laurie Smith; Kelly Winship; Denise Farley; Stephanie Kozlowski-Heck; Leslie Marcyoniak; Elizabeth Mongeon, Plaintiffs, Appellants, v. Charlie BAKER, in his official capacity as Governor of the Commonwealth of Massachusetts; Thomas L. Weber, in his official capacity as Director of the Department of Early Education and Care; Service Employees International Union, Local 509, Defendants, Appellees.

United States Court of Appeals, First Circuit.

February 5, 2016.


Attorney(s) appearing for the Case

William L. Messenger , with whom the National Right to Work Legal Defense Foundation, Geoffrey R. Bok , and Stoneman, Chandler & Miller were on brief, for appellants.

Timothy J. Casey , Assistant Attorney General, with whom Maura Healey , Attorney General of Massachusetts, was on brief, for appellees Charlie Baker and Thomas L. Weber.

Scott A. Kronland , with whom Peder J.V. Thoreen , Altshuler Berzon LLP, Katherine D. Shea , and Pyle Rome Ehrenberg PC were on brief, for appellee Service Employees International Union, Local 509.

Sarah A. Smegal , with whom Hackett Feinberg P.C. was on brief, for the National Federation of Independent Business Small Business Legal Center, amicus curiae in support of plaintiffs-appellants.

Before LYNCH, Circuit Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.


As relevant here, Mass. Gen. Laws ch. 15D, § 17(b) provides that family child care providers "shall be considered public employees . . . solely for the purposes of. . . chapter 150E," the statute authorizing employees in public service to organize for collective bargaining...

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