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.

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.

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.