Yesterday the National Right to Work Legal Defense Foundation filed an amicus curiae brief in the case David Smith & Donald Lambrecht v. Wolf currently before the Pennsylvania State Supreme Court. The brief is filed in support of homecare providers challenging an executive order signed by Gov. Wolf forcing providers across the state into union monopoly bargaining ranks.

The brief argues that Gov. Wolf exceeded his executive powers by creating, by fiat, a new forced unionism mandatory bargaining system for homecare providers in Pennsylvania. The brief explains that Gov. Wolf’s executive order is illegal and beyond the Governor’s authority because, among other reasons, the Pennsylvania Public Employee Relations Act (PERA) establishes the parameters of permissible bargaining with regards to the Commonwealth.

The executive order in question, 2015-05, is nearly identical to a 2010 executive order by former Gov. Rendell that was rescinded after a court challenge. Both executive orders sought unilaterally to force an entire class of private employee which is paid in part through Medicaid type programs into a forced unionism situation by mandating a monopoly bargaining “representative.”

To view a copy of the brief please click here.