BARLOW v. SERVICE EMPLOYEES INT'L UNION LOCAL 668

Nos. 21-3096, 21-3097, and 22-1108.

90 F.4th 607 (2024)

Bradley BARLOW, Appellant in case no. 21-3096 v. SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 668; Michael Newsome, in his official capacity as Secretary of the Pennsylvania Office of Administration; Brian T. Lyman, in his official capacities as Chief Accounting Officer for the Commonwealth of Pennsylvania and Deputy Secretary for the Office of Comptroller Operations. Frances Biddiscombe, Appellant in case no. 21-3097 v. Service Employees International Union Local 668; Michael Newsome, in his official capacity as Secretary of the Pennsylvania Office of Administration; Brian T. Lyman, in his official capacities as Chief Accounting Officer for the Commonwealth of Pennsylvania and Deputy Secretary for the Office of Comptroller Operations. Miriam Fultz; Darleen Dalto; Lucinda Radaker; Lacey Bainbridge; Carol Shaner; Jason Kohute; Kurtis Coates; Lisa Southers; Brittany Zappasodi; Scott Carter; Debra Kerstetter; Ashley Cluck; Blaine Chapman; Barbara Richter, Appellants in case no. 22-1108 v. American Federation of State County and Municipal Employees, Council 13; Governor of Pennsylvania; Michael Newsome, in his official capacity as Secretary of the Pennsylvania Office of Administration; Brian T. Lyman, in his official capacities as Chief Accounting Officer for the Commonwealth of Pennsylvania and Deputy Secretary for the Office of Comptroller Operations.

United States Court of Appeals, Third Circuit.

Filed: January 12, 2024.


Attorney(s) appearing for the Case

Danielle R. Acker Susanj , Stephen B. Edwards [ARGUED], Nathan J. McGrath , The Fairness Center, 500 North Third Street, Suite 600B, Harrisburg, PA 17101, Counsel for Appellants.

Ramya Ravindran [ARGUED], Bredhoff & Kaiser, P.L.L.C., 805 15th Street, N.W., Suite 1000, Washington, DC 20005, Amy L. Rosenberger , Willig, Williams & Davidson, 1845 Walnut Street, 24th Floor, Philadelphia, PA 19103, Counsel for Appellee AFSCME, Council 13.

Scott A. Kronland [ARGUED], Jeffrey B. Demain , Altshuler Berzon LLP, 177 Post Street, Suite 300, San Francisco, CA 94108, Lauren M. Hoye , Willig, Williams & Davidson, 1845 Walnut Street, 24th Floor, Philadelphia, PA 19103, Counsel for Appellee SEIU Local 668.

Michelle Henry , Attorney General, Michael J. Scarinci , Deputy Attorney General [ARGUED], J. Bart DeLone , Chief Deputy Attorney General, Appellate, Litigation Section, Office of the Pennsylvania Attorney General, 15th Floor, Strawberry Square, Harrisburg, PA 17120, Counsel for Appellees Michael Newsome, Bryan T. Lyman, and Thomas Wolf.

Before: RESTREPO, McKEE, and RENDELL, Circuit Judges.


OPINION OF THE COURT

Bradley Barlow and Frances Biddiscombe were members of Service Employees International Union (SEIU) Local 668, the bargaining unit representing employees of the Pennsylvania Department of Human Services (DHS). They each signed new union membership applications in June of 2018, voluntarily authorizing...

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