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Childcare Providers Sue to Stop Unfair, Unlawful Unionization Vote

Update: Here is a copy of the Complaint filed in Ramsey County today.

At a press conference this morning, a group of home-based childcare providers announced the filing of a lawsuit to block a vote to unionize their business. They contend that the vote ordered by the governor is unfair and unlawful. They also expressed doubts about the governor’s assurances that union membership would be voluntary.

Childcare provider Becky Swanson spoke for the plaintiffs. “Despite the talking points from the governor and union organizers, unionization will affect all childcare providers, but only a select group of providers is being allowed to vote. Since Minnesota is a ‘fair share’ state, non-members can still be required to pay a portion of union dues, which has been the case in several other states that unionized childcare,” she explained.

Two major labor unions, SEIU and AFSCME have been pushing to unionize home-based childcare providers in Minnesota for several years and many providers have cried foul about their tactics.

Swanson said SEIU and AFSCME organizers operating under the names, “Kids First,” and “Child Care Providers Together” obfuscated the purpose of union authorization cards presented to childcare providers. “If unionization would really be such an advantage for us small business owners, then why did union organizers approach providers during the day, when we were busy caring for children, and try to trick us, telling us the cards were just requests for more information?”

Tom Revnew, one of the attorneys representing the childcare providers, said besides being fundamentally unfair, he believes the governor’s order is unlawful. “We believe the governor has no authority to order this vote and the Bureau of Mediation Services has no legal authority to design and conduct it,” he said.

“Governor Dayton says the vote he ordered is ‘the American way’ and that a vote is the fair way to resolve a dispute between those providers who want a union and those of us who do not. Besides the obvious fact that we don’t just vote on every idea that anyone has, rule by a minority is the exact opposite of the American way. If this unionization vote prevails, it will be because a minority of providers voted for it. In Michigan, just 6% of providers voted to unionize, but that vote forced the union on all providers in the state. That’s not democracy. That’s not American,” said Swanson.

Dayton’s Executive Order on Unionization of Daycare Providers/ Hearing in House Commerce Committee: Monday, Nov.21 at 10 am

The governor is keeping our part-time legislators very busy during the interim.

So far, the governor has not sent a representative to any hearings in the House or Senate; will he send someone this time? Citizens are welcome at the hearing!

You can read about the issue here: http://mnfmi.org/2011/11/15/governor-dayton-issues-executive-order-unionization-of-daycare/

MONDAY, November 21, 2011 - 10:00 AM

Meeting Time Note: Chair: Rep. Joe Hoppe MEETING: November 21, 2011 10:00 AM 10 State Office Building AGENDA I. Call to Order. II. Roll Call. III. Discussion on the Executive Order Calling For Child Care Provider Union Election
Commerce and Regulatory Reform
Room: 10 State Office Building
Chair: Rep. Joe Hoppe

Governor Dayton Issues Executive Order: Unionization of Daycare Providers (e.g.Small Business Owners)

Governor Dayton issued an executive order calling for a vote on unionization of childcare providers today. It will be a mail ballot on Dec. 6th. Only licensed providers who were registered to receive the CCAP subsidy as of Sept. 30, 2011 will be allowed to vote (approx 4,400 providers).

The language of the Executive Order is simply outrageous. The move to secure new union members (i.e. dues $$) for SEIU and AFSCME is couched in “it’s all about the kids and healthy families”. Uh-huh. Folks, these providers are not public employees, they are self-employed people (mostly women). They are subject to state licensing requirements, just like many businesses. Parents receive the CCPA subsidy, not the providers.

Governor Dayton has carefully claimed the legal authority to order an election among only those licensed providers who accept the state childcare subsidy rather than all 11,000 providers (CCAP creates a stronger link than just a license between the state and the business, so beware of subsidies if you love freedom) .

Senators David Hann and Mike Parry disagree with Governor Dayton (click to see press conferences).

“If you have a governor who’s not willing to follow the law, then we have no choice but as a Legislature to go to an appropriate court and say you need to stop the governor from proceeding in this action because he is not warranted by law to do it,” Hann said.

Some of the providers we have talked to want an election because they are certain they could beat the unions—and they want this 5 year old campaign to end. We are sympathetic. Allowing an election, however, sets a terrible legal precedent. And we are of the opnion that the unions do not play fair or nice when it comes to elections. We cannot offer our support for an election but we will offer our support for any lawful measures that gets these unions out of the homes and businesses of these providers and prevents them from unionizing small business.

Stay tuned by checking here and the Childcare Freedom website here (or by clicking on the Childcare Freedom button on the right side of our web page).

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