Child Care 

National Right to Work Supreme Court Victory Forces SEIU to Abandon Forced Dues Demands in Illinois, Minnesota, & Massachusetts

News Release

National Right to Work Supreme Court Victory Forces SEIU to Abandon Forced Dues Demands in Illinois, Minnesota, & Massachusetts

National Right to Work Foundation attorneys build on Harris precedent to aid home-based personal care providers forced into union ranks

Washington, DC (August 5, 2014) – In the wake of a National Right to Work Foundation-won U.S. Supreme Court victory in June, government union bosses from across the country are now abandoning their forced dues demands on home-based personal care and childcare providers.

On June 30, 2014, the U.S. Supreme Court issued a landmark ruling in a case concerning whether Illinois homecare providers can be forced into union ranks against their will. The case, Harris v. Quinn, is a class-action lawsuit litigated by Foundation staff attorneys and filed by eight Illinois care providers after Illinois Governors signed executive orders rendering them vulnerable to unwanted union representation.

The Court struck down the scheme, ruling that individuals who indirectly receive state subsidies based on their clientele cannot be forced to pay compulsory union fees. The Court's ruling renders unconstitutional similar homecare unionization schemes in effect in at least 14 other states.

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Supreme Court Clears Path for Michigan Childcare Providers to Win Back Money Illegally Seized by Union Officials

News Release

Supreme Court Clears Path for Michigan Childcare Providers to Win Back Money Illegally Seized by Union Officials

UAW and AFSCME took in over $4 million from 50,000 childcare providers in unconstitutional scheme, but lower courts blocked lawsuit to return money from unions

Washington, DC (July 1, 2014) – Today, the U.S. Supreme Court announced that it has granted, vacated, and remanded a federal lawsuit which seeks to require that Michigan's 50,000 home childcare providers receive a refund of union dues illegally taken during a now-defunct unionization scheme.

National Right to Work Foundation staff attorneys argue that all of Michigan's home childcare providers should be entitled to refunds of the union dues collected after former Michigan Governor Jennifer Granholm and a UAW and AFSCME coalition, the Child Care Providers Together Michigan (CCPTM) union, colluded to force the state's providers into union ranks against their will.

Michigan home childcare providers Carrie Schlaud, Diana Orr, Peggy Mashke, and Edward and Nora Gross originally filed a federal class-action lawsuit against Granholm and the CCPTM union for designating home childcare providers who receive state funds as public employees solely for the purpose of forcing them to accept the CCPTM's "representation" and pay union dues.

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Massachusetts Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

News Release

Massachusetts Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

Childcare providers fight dictate to push childcare business owners into forced dues union ranks

Boston, MA (April 16, 2014) – A group of Massachusetts home-based childcare providers have filed a federal lawsuit challenging a 2012 law that seeks to forcibly unionize the state's home-based childcare providers.

Providers Kathleen D'Agostino, Denise Boian, Jean Demers, Judith Santos, Laurie Smith, and Kelly Winship filed the suit Tuesday in the U.S. District Court for the District of Massachusetts with free legal assistance from National Right to Work Foundation staff attorneys.

D'Agostino and the other providers seek to halt implementation of a recently-passed law intended to designate Service Employees International Union (SEIU) officials as the monopoly political representative of thousands of providers in the state, who are either business owners or family members who take care of children within their families.

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Federal Appeals Court Rules to Halt Implementation of Minnesota's Childcare Unionization Scheme

News Release

Federal Appeals Court Rules to Halt Implementation of Minnesota's Childcare Unionization Scheme

Childcare providers fight dictate to push them into forced union dues ranks

Minneapolis, MN (September 19, 2013) – Today, a federal appeals court ruled to delay implementation of Minnesota's new law that seeks to forcibly unionize the state’s home-based childcare providers.

With free legal assistance from National Right to Work Foundation staff attorneys, Jennifer Parrish from Rochester and 11 other providers from around the state filed an appeal last month after the U.S. District Court for the District of Minnesota dismissed their lawsuit on the grounds that it was filed too soon.

Parrish and other providers seek to halt implementation of a recently-passed law intended to designate American Federation of State, County and Municipal Employees (AFSCME) officials as the monopoly political representative of thousands of providers in the state, who are either owners of childcare businesses or family members who take care of related children.

Patrick Semmens, vice president of the National Right to Work Foundation, issued the following statement on the appeals court ruling:

"Minnesota's childcare providers are no longer under imminent threat to be forcibly unionized in a union they want nothing to do with.

"The court ruled to delay implementation of the law pending the outcome of a National Right to Work Foundation-led challenge pending at the U.S. Supreme Court of a similar law passed in Illinois."

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Minnesota Childcare Providers Appeal Federal Lawsuit Challenging Forced Unionization Scheme

News Release

Minnesota Childcare Providers Appeal Federal Lawsuit Challenging Forced Unionization Scheme

Childcare providers fight dictate to push them into forced union dues ranks

Minneapolis, MN (August 7, 2013) – With free legal assistance from National Right to Work Foundation staff attorneys, a group of Minnesota home-based childcare providers have appealed their federal challenge to a new law that seeks to forcibly unionize the state's home-based childcare providers.

Jennifer Parrish from Rochester and 11 other providers from around the state filed the appeal yesterday after a U.S. District Court for the District of Minnesota judge dismissed their lawsuit last month on the grounds that it was filed too soon. Foundation staff attorneys counter that childcare providers shouldn't have to wait until their rights are violated to challenge the scheme, and that the threat of unionization in violation of their rights provides grounds for moving their legal challenge forward.

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Minnesota Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

News Release

Minnesota Childcare Providers File Federal Lawsuit Challenging Forced Unionization Scheme

Childcare providers fight dictate to push childcare business owners into union forced dues ranks

Minneapolis, MN (June 5, 2013) – A group of Minnesota home-based childcare providers have filed a federal lawsuit challenging a new law that seeks to forcibly unionize the state's home-based childcare providers.

Jennifer Parrish from Rochester and 11 other providers from around the state filed the suit Wednesday in the U.S. District Court for the District of Minnesota with free legal assistance from National Right to Work Foundation staff attorneys.

Parrish and other providers seek to halt implementation of a recently-passed law intended to designate Service Employees International Union (SEIU) or American Federation of State, County and Municipal Employees (AFSCME) officials as the monopoly political representative of thousands of providers in the state, who are either business owners or family members who take care of children within their families.

Click here to read the full release.

Update: Supreme Court May Take Foundation Case Challenging SEIU Homecare Forced Unionism Scheme in Fall

This morning, the U.S. Supreme Court took action in another case brought by Foundation staff attorneys. Instead of issuing an order granting or denying cert in the case, the High Court invited the U.S. Solicitor General to file a brief in the case Harris v. Quinn. That request shows that the Justices are interested in the case.

The case stems from a legal challenge initiated by eight Illinois homecare providers with the help of National Right to Work Foundation staff attorneys against executive orders issued by Illinois Governor Pat Quinn and his disgraced (and now incarcerated) predecessor, Rod Blagojevich.

Quinn and Blagojevich issued executive orders aimed at forcing unwilling homecare providers into a union. Under the Governors' decrees, personal care providers are considered "public employees" for the purposes of union organizing, a move that has since forced thousands of unwilling care providers into the SEIU's forced dues-paying ranks.



The providers, including lead plaintiff Pam Harris (interviewed in the video above), are challenging the executive orders on the grounds that forcing them to affiliate with a union and subsidize union activities violates their rights to free expression and association.

The U.S. Supreme Court will now decide whether or not to hear the case this Fall, after the U.S. Solicitor General files a brief.

For more information on the case, check out the Foundation's Supreme Court petition. You can also read amicus curiae briefs filed in support of the Foundation's petition from the Cato Institute and the Pacific Legal Foundation.

News Release: Minnesota Child Care Providers File Federal Lawsuit Challenging Forced Unionization Scheme

News Release

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.

News Release: Michigan Childcare Providers File Federal Appeal Seeking Refunds for Providers Forcefully Unionized

News Release

Michigan Childcare Providers File Federal Appeal Seeking Refunds for Providers Forcefully Unionized

Right to Work Foundation attorneys continue federal class-action lawsuit against union officials to recover millions in illegally confiscated dues

Cincinnati, OH (January 18, 2012) – With free legal assistance from the National Right to Work Foundation, five Michigan home-based childcare providers have filed a federal appeal to win back forced union dues taken from tens of thousands of providers in the state.

Carrie Schlaud, Diana Orr, Peggy Mashke, and Edward and Nora Gross originally filed a federal class-action suit against then-Governor Jennifer Granholm and a United Auto Workers (UAW) and American Federation of State, County and Municipal Employees (AFSCME) coalition, the Child Care Providers Together Michigan (CCPTM) union, for designating home childcare providers who accepted state assistance as public employees solely for the purposes of CCPTM "representation" and forcing them to pay union dues.

Under Granholm's direction, the Michigan Department of Human Services created the Michigan Home Based Child Care Council to provide union officials with an entity to negotiate with as the childcare providers' "management." Working with the council, CCPTM operatives staged a union certification election to acquire monopoly bargaining privileges over Michigan childcare providers.

Although only 15 percent of the 40,000 childcare providers receiving state assistance voted in the union certification election, CCPTM union bosses were then granted monopoly lobbying privileges and the power to collect union dues from home-based care providers.

Read the entire release here.


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