Belgau v. Inslee

(i) Public Function

"Under the public function test, when private individuals or groups are endowed by the State with powers or functions governmental in nature, they become agencies or instrumentalities of the State and subject to its constitutional limitations." Florer v. Congregation Pidyon Shevuyim, N.A. , 639 F.3d 916, 924 (9th Cir. 2011) (internal quotation marks omitted ).

There is no showing that the Union was endowed by the State "with powers or functions governmental in nature." Florer, at 924. The evidence in the record is that the Union was functioning as a union. The statute…