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BIERMAN v. DAYTON

No. 17-1244.

900 F.3d 570 (2018)

Teresa BIERMAN; Kathy Borgerding; Linda Brickley; Carmen Gretton; Beverly Ofstie; Scott Price; Tammy Tankersley; Kim Woehl; Karen Yust, Plaintiffs-Appellants, v. Governor Mark DAYTON, in his Official Capacity as Governor of the State of Minnesota; Josh Tilsen, in his Official Capacity as Commissioner of the Bureau of Mediation Services; Emily Johnson Piper, in her Official Capacity as Commissioner of the Minnesota Department of Human Services; SEIU Healthcare Minnesota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 14, 2018.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Aaron B. Solem , of Springfield, VA. The following attorney(s) appeared on the appellant brief; William L. Messenger , of Springfield, VA., Aaron B. Solem , of Springfield, VA.

Counsel who presented argument on behalf of the appellees were Alan Gilbert , AAG, of Saint Paul, MN. Scott A. Kronland , of San Francisco, CA. The following attorney(s) appeared on the appellee briefs; Alan Gilbert , AAG, of Saint Paul, MN., Justin D. Cummins , of Minneapolis, MN., Brendan D. Cummins , of Minneapolis, MN., Jacob Campion , AAG, of Saint Paul, MN., Scott A. Kronland , of San Francisco, CA., Peder J. Thoreen , of San Francisco, CA.

Before SMITH, Chief Judge, MURPHY and COLLOTON, Circuit Judges.

In 2013, Minnesota enacted a statute that extended the state's Public Employment Labor Relations Act ("PELRA") to persons who provide in-home care to disabled Medicaid recipients. See Individual Providers of Direct Support Services Representation Act, ch. 128, art. 2, 2013 Minn. Laws 2173 (codified as amended at Minn...

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