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.

Last week, Mark Mix, President of National Right to Work, pointed out in Investor's Business Daily that the real issue in the ongoing battles between Big Labor and reform-minded public officials in various states across the country is getting lost in the union bosses' self-serving rhetoric.

As Mix notes, given the media coverage of the battle in Wisconsin:

Americans learning about organized labor's battles in Wisconsin, Ohio, Indiana and other states from TV, radio and newspaper reports may understandably be confused about what is at stake, especially if they have no personal experience with unions themselves. From afar, it's easy to draw the conclusion that public employees' right to join a union is at stake.

Of course a worker's right to join a union is not the issue at all. The real issue at stake is that Big Labor enjoys numerous government-granted special privileges at the expense of workers' individual rights:

...What reform-minded elected officials are seeking to curtail, and in
some cases even abolish, is government union chiefs' legal power to
force public servants into a union as a condition of employment.

Under the current labor laws of nearly half of the states, government union officials have been explicitly authorized to force all public employees in a workplace to pay union dues or be fired, as long as a majority of their fellow employees (among those expressing an opinion) support unionization.

Such forced-unionism laws, which Big Labor is now fighting furiously to keep on the books in the face of increasingly intense public opposition, actually trample on, rather than protect, employees' freedom to make personal decisions about unionism.

And that's the point. So next time you hear union bosses like Richard Trumka shouting about "protecting workers' rights," it's important to keep in mind that what he really means is "protecting union bosses' special powers."

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.

As we recounted earlier this month, National Right to Work Foundation attorneys are fighting a blatant political payback scheme initiated by Michigan Governor Jennifer Granholm to hand over all home-based child-care providers who provide services to state-subsidized low-income families over to government union bosses.

Last week, Mark Mix, President of National Right to Work, and Carrie Schlaud, the courageous lead plaintiff of the providers' class-action lawsuit against Granholm and the United Autoworker (UAW) and American Federation of State, County, and Municipal Employees (AFSCME) unions appeared on the Fox News Channel's Fox & Friends to discuss the case:

To view more videos regarding the lawsuit, including Mark Mix's appearance on the Fox Business Network's Willis Report and Michigan child-care provider Peggy Mashke's appearance on the Fox Business Network's Varney & Company, check out the Foundation's Youtube channel 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.

Earlier this week, Mark Mix, President of National Right to Work, was published in the Washington Examiner warning about the threat the Police and Firefighter Monopoly Bargaining Bill (pdf), which just passed the House last week, poses not only public safety workers' rights, but also state and community budgets. As we noted before, public officials across the country are waking up to the fact that public sector forced unionism is behind the financial crises in their communities.

From Mark Mix's commentary:

(I)n the 22 states which prohibit forced union dues for government employees and most of which don’t authorize public-sector union monopoly bargaining, fewer than 30 percent of public workers are unionized. Not one of these 22 states was to be found on last month’s Business Insider’s list of the states “most likely to default.”

Business Insider ranked heavily unionized California, Illinois, Massachusetts, Michigan, Nevada, New York, New Jersey, Ohio and Wisconsin as the worst default risks. And the Hirsch-Macpherson data shows that an average of 61 percent of public-sector employees in these nine states were under union monopoly bargaining -- 20 percent higher than the typical state.

In these nine worst default-risk states from 1999 to 2009, aggregate private-sector jobs fell by 4.2 percent, but heavily unionized state and local government jobs increased by 9 percent. Since annual state and local government employee compensation costs nationwide come to $1.1 trillion, or half of all state and local government spending, it’s not hard to see that the Big Labor-driven growth in government payrolls is a fiscal catastrophe for states like California, Illinois, and New Jersey.

...

But government union bosses are expecting to have the last laugh if fed-up taxpayers and their allies limit themselves to going after just bloated public-sector payrolls and unsustainable public pension plans, rather than root of the problem itself.

Laws empowering government union officials to negotiate the contract terms for all front-line employees at a public agency, even for those employees who want nothing to do with the union, are behind the messes in Sacramento, Springfield and Trenton. And laws that authorize the firing of public servants for refusing to pay union dues or fees to an unwanted union make matters even worse.

Long-term solutions to state budget crises will require addressing the core problems of union monopoly bargaining and forced union dues in the public sector.

Until then, hopefully the Senate will spare police officers, firefighters, and EMTs from forced union “representation” that will make budget matters worse for the numerous states that have already rejected it.

Read the entire Washington Examiner guest commentary by Mark Mix here.

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 alarming trend of politicians forcing workers into union ranks continues in Illinois as Governor Pat Quinn -- in order to win Big Labor's political support -- is resurrecting the sordid legacy of disgraced Governor Rod Blagojevich (and Gray Davis of California) subverting workers' rights to benefit forced dues-hungry union bosses.

Quinn recently signed an executive order arbitrarily reclassifying state-reimbursed in-home health-care providers as state employees -- thereby opening them up to forced unionism under state law.  Service Employee International Union (SEIU) and American Federation of State, County and Municipal Employees (AFSCME) union organizers, armed by the state with the addresses of Illinois's nearly 3,500 in-home health-care providers, are competing to corral home health-care providers into compulsory union membership by going door-to-door to solicit support for their respective unions.

Pam Harris, a mother who stays home to take care of her son with special needs, was visited by two aggressive out-of-state SEIU organizers at her front door.  Understandably, Ms. Harris is worried that the Detroit-style labor relations that destroyed America's auto industry could also destroy her right to care for her son as she wants. (To say nothing of the union dues she will be forced to pay for the "privilege.")

Because she does not live in a state with Right to Work protections, if SEIU union bosses are successful in corralling all home health-care providers into forced dues membership, Ms. Harris will be forced to pay tribute to union bosses just to continue to take care of her own son -- even if she refrains from formal union membership.

However, as many Freedom@Work readers may already be aware, this is just the tip of the iceberg.

Just last month, National Right to Work President Mark Mix reiterated in the Wall Street Journal NRTW's previous warnings that union bosses are working to unionize the health-care industry and that under Obamacare, the very thing that is happening in Illinois will happen nationwide:

Following [the Davis/Blagojevich] playbook, pending government-run health care bills create a "personal care attendants workforce advisory panel" that will likely impose union affiliation on hundreds of thousands of folks like Ms. Harris to qualify for a newly created "community living assistance services and support (CLASS)" reimbursement plan.

Ms. Sebelius will be taking her marching orders from the numerous union officials who are guaranteed seats on the various federal panels (such as the personal care panel mentioned above) charged with recommending health-care policies. Big Labor will play a central role in directing federal health-care policy...

Seven Employees Force Settlement with Teamster Local Union Brass

Right to Work Attorneys help employees after union officials levy more than $200,000 in confiscatory fines

Chicago, IL (May 29, 2009) – With free legal aid from the National Right to Work Legal Defense Foundation, seven employees who refused to abandon their jobs during a strike forced a settlement with a local union after union officials levied exorbitant and illegal retaliatory fines against them.

The employees, truck drivers for industrial laundry company Lechner and Sons, filed unfair labor practice charges with the National Labor Relations Board (NLRB) against Teamsters Local Union 731, an affiliate of the International Brotherhood of Teamsters union, after Local 731 union officials hit the employees with fines ranging from $13,946 to $40,000 each for not abandoning their jobs during a strike. None of the employees were truly voluntary members of the union during the strike.

In July 2006, Local 731 union bosses ordered the employees to abandon their jobs during a so-called “sympathy strike” involving a different bargaining unit of workers at the plant where the strike occurred. After the strike ended in June 2007, union brass claimed the power to use fines to discipline non-striking employees.

(Continue reading this news release...)

(Click here to see a copy of a Teamsters Local 731 strike fines notice in which Teamster union bosses claimed the power to use $40,000 worth of fines to discipline one of the non-striking employees.)

Last year, Freedom@Work reported on the allegations of corruption against Tyrone Freeman, former boss of the largest Service Employees International Union (SEIU) affiliate in California. Freeman spent nearly three-quarters of a million dollars of rank-and-file workers' forced union dues on his wife's and mother's companies and on a luxurious fat-cat lifestyle. The Los Angeles Times later reported Freeman's SEIU affiliate "charity" failed to spend a single cent on its charitable mission in two of the four years it has been in existence.

Today, the Los Angeles Times reports another SEIU union official corruption scandal, this time executive vice president of the SEIU's Illinois-Indiana health care affiliate and national SEIU union board member Byron Hobbs.

Hobbs is accused of billing the union for $9,000 for personal expenses. The LA Times continues its report by putting the latest scandal in context:

...[former Freeman Chief-of-Staff] Rickman Jackson, was removed as head of the SEIU's largest Michigan local, because he allegedly received improper lease payments for his Bell Gardens house.

Annelle Grajeda, president of both a second L.A. local and the SEIU's state council, has been on leave since August, when the union began investigating whether she had improperly used her influence to keep her ex-boyfriend on the county payroll...

Last month, the union imposed a trusteeship on an Oakland-based local and fired its officers, accusing them of misusing dues money to wage a political battle against SEIU President Andy Stern.

And of course, who can forget that it was a SEIU union boss who was engaged in pay-to-play talks with former [and corrupt] Illinois Governor Rod Blagojevich -- to allegedly buy Obama's then-vacant U.S. Senate seat.

Unfortunately, the people most hurt by union boss corruption are the rank-and-file workers, especially in forced unionism states. Right to work laws allow workers to hold union officials more accountable because workers can cut off union dues if they don’t like union officials' so-called “representation,” politics, corruption, or fat-cat lifestyles.