Minnesota Child Care Providers File Federal Lawsuit Challenging Forced Unionization Scheme

Child care providers fight against Governor Dayton’s dictate that pushes childcare business owners into union

Minneapolis, MN (January 19, 2012) – A group of home-based child care providers have filed a federal lawsuit challenging Governor Mark Dayton's recent executive order designed to forcibly unionize the state's providers.

Jennifer Parrish from Rochester filed the suit Thursday in the U.S. District Court for the District of Minnesota with free legal assistance from the National Right to Work Foundation.

Parrish and other providers seek to halt Dayton's executive order intended to designate American Federation of State, County and Municipal Employees (AFSCME) and Service Employees International Union (SEIU) officials as the monopoly bargaining and political representatives of thousands of providers in the state.

Read the entire release here.

Michigan Childcare Providers File Federal Appeal Seeking Refunds for Providers Forcefully Unionized

Right to Work Foundation attorneys continue federal class-action lawsuit against union officials to recover millions in illegally confiscated dues

Cincinnati, OH (January 18, 2012) – With free legal assistance from the National Right to Work Foundation, five Michigan home-based childcare providers have filed a federal appeal to win back forced union dues taken from tens of thousands of providers in the state.

Carrie Schlaud, Diana Orr, Peggy Mashke, and Edward and Nora Gross originally filed a federal class-action suit against then-Governor Jennifer Granholm and a United Auto Workers (UAW) and American Federation of State, County and Municipal Employees (AFSCME) coalition, the Child Care Providers Together Michigan (CCPTM) union, for designating home childcare providers who accepted state assistance as public employees solely for the purposes of CCPTM "representation" and forcing them to pay union dues.

Under Granholm's direction, the Michigan Department of Human Services created the Michigan Home Based Child Care Council to provide union officials with an entity to negotiate with as the childcare providers' "management." Working with the council, CCPTM operatives staged a union certification election to acquire monopoly bargaining privileges over Michigan childcare providers.

Although only 15 percent of the 40,000 childcare providers receiving state assistance voted in the union certification election, CCPTM union bosses were then granted monopoly lobbying privileges and the power to collect union dues from home-based care providers.

Read the entire release here.

Home-Care Providers Take Case Challenging State Unionization Scheme to Federal Appeals Court

Right to Work Foundation assists home-based personal care providers pushed into union ranks against their will

Chicago, IL (December 13, 2010) – A group of home-based personal care providers have filed a federal appeal against Governor Pat Quinn and union officials for their agreement to force Illinois’s home-based personal care providers under unwanted union boss control.

With free legal aid from National Right to Work Foundation attorneys, the personal care providers filed their appeal with the U.S. Seventh Circuit Court of Appeals after a district court judge ruled against them.

The appeal stems from a class-action lawsuit filed by the providers after Quinn signed an executive order designating 4,500 home-based personal care providers who care for individuals with disabilities as “public employees” and susceptible to unwanted union boss political “representation.”

Service Employees International Union (SEIU) and American Federation of State, County, and Municipal Employees (AFSCME) union bosses have been competing to force their monopoly control over the workers, even having out-of-state union organizers making “home visits” attempting to organize the providers through coercive “card check” unionization tactics. Not coincidentally, Quinn received the SEIU union bosses’ political endorsement and support during his closely-contested primary campaign earlier this year.

Read the entire release here.

In the latest issue of the Federalist Society's Engage journal, National Right to Work Foundation attorney William Messenger discusses two lawsuits challenging schemes in Michigan and Illinois that force unionization on personal care providers and child care providers.

Two principal groups of individuals are currently being subjected to state-imposed representation. The first group is “Personal Care Providers,” who provide home personal care to disabled, chronically ill, or elderly individuals whose care is paid for by state self-directed home and community-based service (“HCBS”) programs established under Medicaid. This care generally includes assistance with daily living activities, such as dressing, grooming, and homemaking. Although the details of state HCBS programs vary, their core feature is that participants have discretion to hire, fire, and supervise their Personal Care Providers. The state subsidizes participants’ costs for hiring a Personal Care Provider and provides counseling to facilitate the process.

....

The second group is “Childcare Providers,” who provide home childcare (i.e., daycare) services to parents whose childcare expenses are subsidized by state programs established under the federal Child Care and Development Fund (CCDF). Childcare Providers include independent contractors who operate daycare businesses from their homes, employees employed in parents’ homes, and relatives willing to watch their grandchildren or other related children in their homes. State programs generally permit participants to hire the private Childcare Provider of their choice, with the state’s role generally limited to paying some or all of their childcare costs.

As Messenger explains in the article, these forced unionism schemes infringe upon the First Amendment rights of compassionate care providers (including grandparents and babysitters) because they are being forced to support political speech and lobbying activities with no vital government interest.

In Michigan, 40,000 child care providers are now forced to pay union dues to joint venture of the United Auto Workers (UAW) and American Federation of State, County, and Municipal Employees (AFSCME) unions, and the scheme in Illinois forces approximately 20,000 personal care providers to pay fees to the Service Employees International Union (SEIU). These schemes funnel millions of dollars into union coffers at the expense of the care recipients.

Hopefully, the federal courts will correct the gross injustice done to these tens of thousands of care providers, but these lawsuits have much wider implications. At least 15 other states have similar schemes, and union bosses are on the move to impose their representation on care providers nationwide.

Moreover, if these schemes are upheld, Messenger argues, "any individuals that receive monies from a government program, such as contractors with the government and recipients of Medicaid, Medicare, food stamps, subsidized housing, and other government entitlements" could soon find themselves subjected to compulsory union representation.

Read the full article here.

Regular Freedom@Work readers may recall that National Right to Work Foundation attorneys are duking it out in federal court against government union lawyers over a blatant political payback scheme initiated by Michigan Governor Jennifer Granholm.  In order to thank union bosses for their political support, Granholm handed all home-based child-care providers who provide services to state-subsidized low-income families over to the United Autoworker (UAW) and American Federation of State, County, and Municipal Employees (AFSCME) unions.

Granholm, following the Rod Blagojevich blueprint of forced-union organizing, directed state officials to grease the skids for union organizers to railroad the child-care providers under union boss control.

A courageous group of child-care workers asked National Right to Work for assistance, as some of them didn't even know they were being forced into union dues-paying ranks until it was too late, and they want nothing to do with the union.  This courageous group of workers filed a federal class-action lawsuit to challenge Granholm's scheme as a violation of their Constitutional rights of free speech, free association, and their right to freely petition government for redress of grievances because, in effect, Governor Granholm is picking the lobbyists of Michigan’s child-care providers.

In mid-July, Foundation attorneys appeared in federal court in Grand Rapids and convinced the judge to proceed with the child-care workers’ case — despite state and union lawyers’ multiple attempts to have the case dismissed.  Wednesday, the Grand Rapids Press called on the federal judge to strike down the forced unionism scheme. As the Grand Rapids Press explains:

Covert unionization violates basic constitutional rights of freedom of association. The formation of the union for Michigan child care providers four years ago was downright sneaky and unfair. A lawsuit in federal court, brought by some affected child care providers, objects to their being shoe-horned into unions — and forced to pay dues — against their will. In that suit, and in one brought in state courts, the child care providers have legitimate grievances. They should prevail.

The forced-unionization travesty occurred primarily because Michigan Democrats wanted to help the UAW and the American Federation of State, County and Municipal Employees (AFSCME) pad their membership rolls.

In 2006, the UAW and AFSCME partnered to form a union called Child Care Providers Together Michigan. The union represents and draws dues from people who care for children from low-income families. The new union members belong either to the UAW or AFSCME, depending on the part of the state in which they live.

Whatever attempts were made to inform child care providers of the pending unionization must have been feeble at best. Only 15 percent of the state’s 40,000 dues-paying providers took part in the vote-by-mail certification election that formed the union. Fully 92 percent of those voting said yes to the union. But they hardly constitute a valid majority of all the now-dues-paying members. Hopefully, the federal lawsuit will uncover how this election was allowed to occur.

The low-income clients provided a rationale — though not a legitimate one — for the forced unionization. The argument is that because providers take public money in state subsidies for those clients, they are therefore public employees. Union dues are taken directly from the state subsidies, money that should go toward child care. The UAW and AFSCME receive 1.15 percent of the subsidies, amounting to more than $1 million a year.

To suggest that government grants make providers public employees is an epic stretch. The child care workers are employed by the parents who hire them. At best, they contract with the government for child care services for low-income clients.

...The suit in federal court, filed by the National Right to Work Legal Defense Foundation, challenges the unionization as a violation of the workers’ constitutional right to free association.

That is the crucial point.

Indeed. And UAW and AFSCME union bosses are funneling millions of dollars to the campaigns of pro-forced unionism politicians (such as Governor Granholm), and now those same politicians are forcing Michigan's home-care providers to pay to the tune of $3.7 million into union boss coffers. If Foundation litigators are successful in federal court, the outcome can have a far reaching, national impact in rolling back Big Labor’s state-by-state push of forcing susceptible, unsuspecting home-care providers under union control.

Gov. Quinn Faces Class-Action Suit for Executive Order Designed to Unionize Home-Care Providers

National Right to Work Foundation attorneys assist home-based personal care providers pushed into union’s forced-dues ranks against their will

Chicago, IL (April 22, 2010) – With free legal aid from National Right to Work Foundation attorneys, a group of home-based personal care providers today filed a class-action lawsuit in federal court against Governor Pat Quinn and union officials for their efforts to force Illinois personal care providers under unwanted union boss control.

The suit stems from an executive order issued by disgraced former-Governor Rod Blagojevich shortly after his election, later codified, in which over 20,000 personal care providers who care for individuals with disabilities were designated as “public employees” of the state of Illinois for the purpose of granting Service Employees International Union (SEIU) bosses monopoly “representation” and forced dues privileges over them.

Following the Rod Blagojevich blueprint of forced unionism, Quinn signed an executive order last June that made an additional 4,500 home-based personal care providers susceptible to unwanted union boss bargaining and political “representation.” Not coincidentally, Quinn received the SEIU union bosses’ political endorsement and support during his recent closely-contested primary campaign for the Democratic nomination for Governor.

The additional 4,500 home-care providers who are not yet under union control soundly rejected union membership by a two-to-one margin in a mail-in vote. However, per Quinn’s executive order, the home-care providers may again be subject to out-of-state SEIU and American Federation of State, County, and Municipal Employees (AFSCME) union organizers making “home visits” attempting to organize the home-care providers through coercive “card check” unionization tactics.

Pam Harris, Gordon Stiefel, and several other home-care providers -- with assistance from the National Right to Work Foundation -- filed the federal suit on behalf of all of Illinois’s providers unionized by Blagojevich and on behalf of home-care providers threatened by forced unionism as a result of Quinn’s executive order.

“My primary concern is that someone else will be telling me how to best care for my son,” said Harris, who provides personal care for her adult son and is the lead plaintiff in the suit. “Union dues would be a deduction from what we have available to provide for my son’s needs. And then I would be giving my money to a union to exercise their political muscle on issues I may vehemently disagree with.”

Click here to read the whole release.

A copy of the complaint can be downloaded (pdf) by clicking here.

The March/April 2010 issue of Foundation Action is now available for download as a PDF. This is the Foundation's official bimonthly publication that provides an excellent overview of hard-hitting legal actions being taken by Foundation attorneys every day to combat forced unionism. This issue's top story chronicles the Foundation's efforts to help Michigan's home-based child-care providers fight back against Governor Jennifer Granholm's corrupt government union political payback scheme.

Also in this issue: 

• Federal Lawsuit Challenges Michigan Scheme to Impose Union on Child-Care Providers
• Union Boss Privacy Victims Case Taken to Supreme Court
• Make a Difference in the Fight Against Compulsory Unionism
• Foundation Unearths Ethical Lapses in Obama Administration
• CWA Bosses Attempt to Rig Employee Vote to Throw Union Out

In addition to to reading Foundation Action online, you can sign up to receive a free subscription by mail here.

Michigan Home-Care Providers File Class-Action Suit Challenging Union Boss/Granholm Unionization Scheme

Right to Work Foundation attorneys challenge Governor and union boss collusion to force home-care providers under union control

Lansing, MI (February 17, 2010) – With free legal aid from National Right to Work Legal Defense Foundation attorneys, a group of Michigan home-based day-care providers have filed a class-action federal lawsuit against government union officials and Governor Granholm's Administration for illegally forcing them to pay union dues.

Carrie Schlaud and Diana Orr of Lapeer County, Edward and Nora Gross of Ingham County, and Peggy Mashke of Ogemaw County -- with assistance from the National Right to Work Foundation -- filed the federal suit today on behalf of all of Michigan’s 40,000 home-care providers.

The suit challenges a scheme created by Granholm, Michigan Department of Human Services (DHS) officials, and a union front group called "Child Care Providers Together Michigan" (CCPTM) to designate home-care providers who accept state assistance as "state employees" and foist CCPTM union political "representation" on them. CCPTM is an operation run by the United Autoworker (UAW) and American Federation of State, County, and Municipal Employees (AFSME) unions.

Under Granholm’s direction, DHS officials created the "Michigan Home Based Child Care Council" to provide the union bosses with an entity to deal with as the "management" of the home child-care providers. Even though only 15 percent of the 40,000 day-care providers voted in the union certification election, the CCPTM union hierarchy was granted monopoly bargaining privileges and political representation of all the home-care providers.

Click here to read the full release.

Following up on forced dues for foster parents in Washington State, another op-ed in the Seattle P-I this week says that the California Legislature wants to "unionize Grandma." The article states:

A bill pending in the Senate would create a union to organize family
members who provide child care for their kin and are paid by the state
so that mothers can work outside the home.

Furthermore:

Child-care providers who did not want to join the union would still
have to pay fees -- likely in the same amount as the union dues.

Most disturbingly, this extension of compulsory unionism is part of a broader trend:

The move in California is part of a nationwide strategy by SEIU and the
American Federation of State, County and Municipal Employees. Since
2005, governors in eight states have issued executive orders or taken
other action giving family child-care providers the right to unionize
and bargain as a group.

And in all of those states without a Right to Work law, those care providers must pay union dues. What a tell tale sign that this is all about the money that union officials must stoop to compelling payment of union dues from people taking care of their own families.

With the specter of forced union dues looming over child care providers in Maryland, some providers worry it could hurt those at the very bottom.

"My understanding of the union is that they would automatically take out of our Purchase of Care vouchers as union dues," Sarecia Powers, child care provider in the Cresaptown area, said. "Having to pay what might be an astronomical amount of dues might make providers consider signing on families based upon being paid privately, where the provider gets everything they are being paid. You could have providers turning down Purchase of Care families, and they are the families that need it most. If they can't find care, it will have a domino effect."

While Maryland Governor Martin O'Malley proclaimed Friday that "no one should be forced to join a union," his is one of 28 states without a Right to Work law where employees can be fired if they refuse to pay union dues.