Second lawsuit filed on child care union law

A second group of Minnesota child care providers has filed a federal lawsuit challenging the new law that allows for a union representation election among eligible providers.

The National Right to Work Foundation, which is providing legal assistance to the group, announced the court filing today in a news release. It said Jennifer Parrish of Rochester and 11 other providers from around the state are seeking to halt implementation of the recently-passed law. The foundation claims the law violates the providers’ First Amendment right to choose with whom they associate to petition the government.

“Citizens have the power to select their political representation in government, not the other way around,” said Mark Mix, President of the National Right to Work Foundation. “This scheme, which forces small business owners, and even grandma taking care of her grandchildren, into union political association is a slap in the face of fundamental American principles we hold dear.”

Last week, 11 other providers filed a separate federal lawsuit against Gov. Mark Dayton and other state officials.

Dayton told reporters that he thinks the lawsuits, which the state must now defend against, will be a waste of taxpayer money. A district court judge stopped Dayton last year from allowing the union election through an executive order. But Dayton said that ruling also cleared the way for the legislation.

“He said explicitly that the remedy was to go to the Legislature, and if the Legislature saw fit, then you could call for that election,” Dayton said. “The Legislature did exactly that. They did as they saw fit. Now the groups are throwing their little fits, and they’re just trying to throw sand into the machinery and delay.”

  • http://www.americanrightsatwork.org/the-anti-union-network/national-right-to-work/ Brandon Nessen
  • Nick

    Corporate greed is killing the middleclass, and unions are the only defense against it. You are either for the middleclass or you’re not, it’s that simple! Fight for the middleclass and you fight to save America.

  • Mark Overholser

    And what about union corruption and greed…tens of millions poured into Democrat campaign coffers in the first stage of the eternally partisan quid pro quo?

    Don’t preach to the rest of us about what’s right and wrong, fair and unfair, libs.

  • Janet

    Over 80% of union money and time is spent on politics, not member activity. We have employment laws that protect workers. Unions will ruin America, look at Greece and Spain, union greed. The shadowy part of our government that Dems don’t tell you.

  • Hollee Saville

    Judge Lindman ruled that Governor Dayton did not have the authority to create law, that only the Legislature can create law. He didn’t say the Legislature should pass a law unionizing independent business owners, just that consideration of new laws goes through the Legislature. There’s a HUGE difference, but A for effort on the political spin.

    Judge Lindman also said, “However, no employer-employee relationship exists between child care providers and the state.” THAT was crystal clear in his ruling.

    For the thousandth time, we would be FORCED TO PAY the union: union dues or fair share fees! NO CHOICE.

    This is illegal and unconstitutional as we are independent small business owners! It doesn’t matter if EVERY family childcare provider wanted to unionize and only 1 did not: the rights of individuals should not be trampled on because of the will of the majority (or a minority, the way the vote would be conducted).

    Providers ALREADY have the choice to join the union and, after 8 years of this unionization push, less than 100 have joined. Only 50% of licensed family childcare providers will get a vote, so claims that “this is fair because we get to vote, we get a choice,” etc. are just political spin. What about providers who accept children on CCAP AFTER a vote (assuming it passed)? They would automatically be unionized, but they would not have been given a chance to vote! Even if they included every current provider, it ignores the fact that providers come in and out of the system often. The maximum return rate for ballots in childcare union elections has been only 20%! BMS’ JoshTilson claimed it would be fair and everyone would be notified; 20% is hardly indicative of fair notification. The current eligible list shows at least 75% of unlicensed providers are no longer providing care (based on calls we made) and more than 100 out of those 8,500 are OUT OF STATE! I wonder if they will be allowed to vote.

    This unionization does not give us anything we cannot already do ourselves, but it forces us to pay the union if the election goes their way.

    This will increase costs for providers and families. Providers will have to pass the costs of union dues/fair share fees on to the families in their care by raising their rates, or make even less than they do now by assuming the expense.

    This will limit the access to high quality childcare for low-income children and families who need it most. Providers have said they will stop caring for children on assistance because they do not want to pay the union. How sad that we will be forced to make that choice if the election unionizes us.

    The unions will take more than $4 million/year from funds meant to help low-income children and families and cost taxpayers $1.5 – $3 MILLION minimum every single year just to manage the provisions of the new law. Last time I checked, Minnesota does NOT have money lying around. I’m pretty sure Minnesota maxed out its “credit cards” years ago.

    Look at that, an “underpaid, helpless, and weak” child care provider is able to refer to actual rulings and refute lies from the governor…all without the help of a union. :)

  • Hollee Saville

    Judge Lindman ruled that Governor Dayton did not have the authority to create law, that only the Legislature can create law. He didn’t say the Legislature should pass a law unionizing independent business owners, just that consideration of new laws goes through the Legislature. There’s a HUGE difference, but A for effort on the political spin.

    Judge Lindman also said, “However, no employer-employee relationship exists between child care providers and the state.” THAT was crystal clear in his ruling.

    For the thousandth time, we would be FORCED TO PAY the union: union dues or fair share fees! NO CHOICE.