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Legislative News and Views - Rep. Tony Albright (R)

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Update on Child Care Unionization Ruling

Thursday, August 1, 2013

Friends and Neighbors,

A federal judge recently issued a ruling on a lawsuit filed against a unionization law passed by Democrats during the 2013 legislative session and signed by Governor Dayton. You may recall last year, when Governor Dayton attempted to bypass the people and issued an executive order to begin the unionization process of at-home child care providers and personal care attendants (PCAs) without legislative approval and was stopped by a judge because the action was deemed unconstitutional. This year, with full Democrat majorities, the legislature granted Dayton’s wish to pay back union organizers and authorized a unionization process for at-home child care providers. Last Sunday’s ruling dismissed lawsuits brought forward by child care providers and so the drive to hold a union election will continue. I was disappointed to see the judge allow this overreach to continue, but the fight to stop this intrusion into the homes of working men and women is not over.

Large labor organizations have struggled in recent years to retain members and stay financially stable, especially at the national level. The push to unionize home child care providers and PCAs that care for family members is just an attempt to grow total membership and raise more money through dues. Unfortunately, we know that monthly dues collected by the union will only be passed along to parents and loved ones in higher costs, hitting low-income parents especially hard.

Many child care providers will choose not to run a unionized small business and will stop providing care services. At this point, we don’t know how many will shut down, but the loss of even one of these caring providers would be a shame and could force parents to drive many miles out their way in order to access child care for their children.

On the case itself, child care providers filing the lawsuit to stop this process had three major arguments opposing the unionization effort:

  1. The effort may be unconstitutional because some providers may be shut out from voting in the actual union election that would be held if enough signatures are collected.
  2. Providers that don’t currently accept state subsidies for low-income children (CCAP) wouldn’t have a voice during union negotiations of reimbursement rates and other issues that would ultimately impact their business.
  3. The effort violates child care providers’ right of freedom of association under the First Amendment. Assuming a union is formed, all child care providers who accept state assistance would be forced to become members of the union and pay union dues regardless of whether they want to be members.

I will follow the implementation of this process closely and of course, keep you updated. Many child care providers in our area have contacted me with concerns about this law and the big hand of government reaching into the homes and wallets of thousands of parents. The law was unpopular before it even passed, with several Democrats opposing it. The vote prevailed by just one vote. If one more Democrat had changed their vote, we wouldn’t be in this situation today. I think the people of Minnesota expect better.

 Respectfully,

Tony Albright