Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:16-cv-01439—Paul Lewis Maloney, District Judge.
Argued: February 1, 2018
Decided and Filed: February 22, 2018
Before: SUTTON, KETHLEDGE, and LARSEN, Circuit Judges.
SUTTON, Circuit Judge. The Labor Management Relations Act makes it a crime for an
employer to deduct union dues from an employee’s paycheck and for the union to accept the
dues, except if the employee consents by signing an authorization form, often called a dues
checkoff. Robbie Ohlendorf and Sandra Adams signed dues checkoff authorizations with their
employer in 2013. When they tried to revoke them three years later, they did not follow the
protocol for revoking their consent, and the union insisted that they do so. Ohlendorf and Adams
sued the union in response. Their putative class action lawsuit seeks damages and injunctive
relief on the ground that the union violated the Act and its duty of fair representation. The
district court dismissed the complaint as a matter of law. Because this criminal law does not
create a private right of action and because the union did not act arbitrarily or in bad faith, we