UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________________________ Nos. 21-3096, 21-3097, and 22-1108 ___________________________

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 ___________________________

On Appeal from The United States District Court for the Middle District of Pennsylvania (D.C. Nos.: 1-20-cv-02459; 4-20-cv-02462; and 1-20-cv-02107) District Judges: Honorable Yvette Kane; Honorable John E. Jones, III ___________________________

2 Argued: September 20, 2023

Before: RESTREPO, MCKEE, and RENDELL, Circuit Judges

(Filed: January 12, 2024) 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

3 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

________________________

OPINION OF THE COURT ________________________ RESTREPO, Circuit Judge.

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 authori