Child Care 

Family Child Care Providers' Class-Action Lawsuit Spurs SEIU Officials to Back Down from Forced Dues Demands

News Release

Family Child Care Providers' Class-Action Lawsuit Spurs SEIU Officials to Back Down from Forced Dues Demands

Home-based child care providers challenge forced unionization law; seek refund of illegally-seized union dues

Olympia, WA (March 27, 2015) – The day after a group of family child care providers filed a federal class-action lawsuit challenging a 2006 law that authorizes the forcible unionization of Washington State's 12,000 home-based child care providers, Service Employees International Union (SEIU) Local 925 officials sent a letter to providers in the state dropping their forced dues demands.

The development comes immediately in the wake of a federal lawsuit filed by Cindy Mentele and three other providers from around the state with free legal aid from National Right to Work Foundation attorneys in conjunction with the Freedom Foundation. The lawsuit, which names Governor Jay Inslee in addition to SEIU Local 925, was filed in the U.S. District Court for the Western District of Washington.

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Washington Family Child Care Providers File Federal Class-Action Lawsuit Challenging Forced Unionization

News Release

Washington Family Child Care Providers File Federal Class-Action Lawsuit Challenging Forced Unionization

Home-based child care providers forced into SEIU ranks against their will

Olympia, WA (March 5, 2015) – Today, a group of family child care providers filed a federal class-action lawsuit challenging a 2006 law that authorizes the forcible unionization of Washington State's 12,000 home-based child care providers.

With free legal aid from National Right to Work Foundation attorneys in conjunction with the Freedom Foundation, Cindy Mentele and three other providers from around the state filed the suit against Governor Jay Inslee and the Service Employees International Union (SEIU) Local 925. The suit was filed in the U.S. District Court for the Western District of Washington.

The child care providers' lawsuit challenges the forced-unionism scheme on the grounds that it violates the U.S. Constitution's guarantees of free political expression and association. National Right to Work Foundation attorneys argue that such schemes violate providers' First Amendment right to choose with whom they associate to petition the government because the government does not have the constitutional authority to force citizens to accept its handpicked political representative to lobby itself.

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New York Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

News Release

New York Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

Childcare providers fight dictate to push childcare business owners into forced dues union ranks

Syracuse, NY (December 2, 2014) – A group of New York home-based childcare providers have filed a federal lawsuit challenging a 2007 executive order that greased the skids for the forced unionization of the state's home-based childcare providers. The providers seek a refund of illegally-seized union dues.

Mary Jarvis and nine other providers filed the suit Tuesday in the U.S. District Court for the Northern District of New York with free legal assistance from National Right to Work Foundation staff attorneys.

Jarvis and the other providers challenge AFSCME-affiliated Civil Service Employees Association (CSEA) union officials' monopoly political representation over thousands of providers in the state outside New York City who operate home-based childcare businesses.

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National Right to Work Supreme Court Victory Forces SEIU to Abandon Forced Dues Demands in Illinois, Minnesota, & Massachusetts

News Release

National Right to Work Supreme Court Victory Forces SEIU to Abandon Forced Dues Demands in Illinois, Minnesota, & Massachusetts

National Right to Work Foundation attorneys build on Harris precedent to aid home-based personal care providers forced into union ranks

Washington, DC (August 5, 2014) – In the wake of a National Right to Work Foundation-won U.S. Supreme Court victory in June, government union bosses from across the country are now abandoning their forced dues demands on home-based personal care and childcare providers.

On June 30, 2014, the U.S. Supreme Court issued a landmark ruling in a case concerning whether Illinois homecare providers can be forced into union ranks against their will. The case, Harris v. Quinn, is a class-action lawsuit litigated by Foundation staff attorneys and filed by eight Illinois care providers after Illinois Governors signed executive orders rendering them vulnerable to unwanted union representation.

The Court struck down the scheme, ruling that individuals who indirectly receive state subsidies based on their clientele cannot be forced to pay compulsory union fees. The Court's ruling renders unconstitutional similar homecare unionization schemes in effect in at least 14 other states.

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Supreme Court Clears Path for Michigan Childcare Providers to Win Back Money Illegally Seized by Union Officials

News Release

Supreme Court Clears Path for Michigan Childcare Providers to Win Back Money Illegally Seized by Union Officials

UAW and AFSCME took in over $4 million from 50,000 childcare providers in unconstitutional scheme, but lower courts blocked lawsuit to return money from unions

Washington, DC (July 1, 2014) – Today, the U.S. Supreme Court announced that it has granted, vacated, and remanded a federal lawsuit which seeks to require that Michigan's 50,000 home childcare providers receive a refund of union dues illegally taken during a now-defunct unionization scheme.

National Right to Work Foundation staff attorneys argue that all of Michigan's home childcare providers should be entitled to refunds of the union dues collected after former Michigan Governor Jennifer Granholm and a UAW and AFSCME coalition, the Child Care Providers Together Michigan (CCPTM) union, colluded to force the state's providers into union ranks against their will.

Michigan home childcare providers Carrie Schlaud, Diana Orr, Peggy Mashke, and Edward and Nora Gross originally filed a federal class-action lawsuit against Granholm and the CCPTM union for designating home childcare providers who receive state funds as public employees solely for the purpose of forcing them to accept the CCPTM's "representation" and pay union dues.

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Massachusetts Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

News Release

Massachusetts Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

Childcare providers fight dictate to push childcare business owners into forced dues union ranks

Boston, MA (April 16, 2014) – A group of Massachusetts home-based childcare providers have filed a federal lawsuit challenging a 2012 law that seeks to forcibly unionize the state's home-based childcare providers.

Providers Kathleen D'Agostino, Denise Boian, Jean Demers, Judith Santos, Laurie Smith, and Kelly Winship filed the suit Tuesday in the U.S. District Court for the District of Massachusetts with free legal assistance from National Right to Work Foundation staff attorneys.

D'Agostino and the other providers seek to halt implementation of a recently-passed law intended to designate Service Employees International Union (SEIU) officials as the monopoly political representative of thousands of providers in the state, who are either business owners or family members who take care of children within their families.

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Federal Appeals Court Rules to Halt Implementation of Minnesota's Childcare Unionization Scheme

News Release

Federal Appeals Court Rules to Halt Implementation of Minnesota's Childcare Unionization Scheme

Childcare providers fight dictate to push them into forced union dues ranks

Minneapolis, MN (September 19, 2013) – Today, a federal appeals court ruled to delay implementation of Minnesota's new law that seeks to forcibly unionize the state’s home-based childcare providers.

With free legal assistance from National Right to Work Foundation staff attorneys, Jennifer Parrish from Rochester and 11 other providers from around the state filed an appeal last month after the U.S. District Court for the District of Minnesota dismissed their lawsuit on the grounds that it was filed too soon.

Parrish and other providers seek to halt implementation of a recently-passed law intended to designate American Federation of State, County and Municipal Employees (AFSCME) officials as the monopoly political representative of thousands of providers in the state, who are either owners of childcare businesses or family members who take care of related children.

Patrick Semmens, vice president of the National Right to Work Foundation, issued the following statement on the appeals court ruling:

"Minnesota's childcare providers are no longer under imminent threat to be forcibly unionized in a union they want nothing to do with.

"The court ruled to delay implementation of the law pending the outcome of a National Right to Work Foundation-led challenge pending at the U.S. Supreme Court of a similar law passed in Illinois."

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Minnesota Childcare Providers Appeal Federal Lawsuit Challenging Forced Unionization Scheme

News Release

Minnesota Childcare Providers Appeal Federal Lawsuit Challenging Forced Unionization Scheme

Childcare providers fight dictate to push them into forced union dues ranks

Minneapolis, MN (August 7, 2013) – With free legal assistance from National Right to Work Foundation staff attorneys, a group of Minnesota home-based childcare providers have appealed their federal challenge to a new law that seeks to forcibly unionize the state's home-based childcare providers.

Jennifer Parrish from Rochester and 11 other providers from around the state filed the appeal yesterday after a U.S. District Court for the District of Minnesota judge dismissed their lawsuit last month on the grounds that it was filed too soon. Foundation staff attorneys counter that childcare providers shouldn't have to wait until their rights are violated to challenge the scheme, and that the threat of unionization in violation of their rights provides grounds for moving their legal challenge forward.

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Minnesota Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

News Release

Minnesota Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

Childcare providers fight dictate to push childcare business owners into union forced dues ranks

Minneapolis, MN (June 5, 2013) – A group of Minnesota home-based childcare providers have filed a federal lawsuit challenging a new law that seeks to forcibly unionize the state's home-based childcare providers.

Jennifer Parrish from Rochester and 11 other providers from around the state filed the suit Wednesday in the U.S. District Court for the District of Minnesota with free legal assistance from National Right to Work Foundation staff attorneys.

Parrish and other providers seek to halt implementation of a recently-passed law intended to designate Service Employees International Union (SEIU) or American Federation of State, County and Municipal Employees (AFSCME) officials as the monopoly political representative of thousands of providers in the state, who are either business owners or family members who take care of children within their families.

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Update: Supreme Court May Take Foundation Case Challenging SEIU Homecare Forced Unionism Scheme in Fall

This morning, the U.S. Supreme Court took action in another case brought by Foundation staff attorneys. Instead of issuing an order granting or denying cert in the case, the High Court invited the U.S. Solicitor General to file a brief in the case Harris v. Quinn. That request shows that the Justices are interested in the case.

The case stems from a legal challenge initiated by eight Illinois homecare providers with the help of National Right to Work Foundation staff attorneys against executive orders issued by Illinois Governor Pat Quinn and his disgraced (and now incarcerated) predecessor, Rod Blagojevich.

Quinn and Blagojevich issued executive orders aimed at forcing unwilling homecare providers into a union. Under the Governors' decrees, personal care providers are considered "public employees" for the purposes of union organizing, a move that has since forced thousands of unwilling care providers into the SEIU's forced dues-paying ranks.



The providers, including lead plaintiff Pam Harris (interviewed in the video above), are challenging the executive orders on the grounds that forcing them to affiliate with a union and subsidize union activities violates their rights to free expression and association.

The U.S. Supreme Court will now decide whether or not to hear the case this Fall, after the U.S. Solicitor General files a brief.

For more information on the case, check out the Foundation's Supreme Court petition. You can also read amicus curiae briefs filed in support of the Foundation's petition from the Cato Institute and the Pacific Legal Foundation.


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