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.
Home-based child care and personal care providers are challenging similar forced-unionization-by-government-fiat schemes in numerous states across the country, including Michigan and Illinois.
Foundation attorneys argue that such schemes violate the providers’ First Amendment rights of freedom of speech, association, and petition of government guaranteed by the U.S. Constitution because the government does not have the power to force citizens to accept the government’s handpicked political representation to lobby itself.
“This union boss power grab scheme is nothing more than pure political payback and was popularized by disgraced Governors Gray Davis of California and Rod Blagojevich of Illinois,” said Mark Mix, President of National Right to Work. “The forced political association that is occurring in the North Star State as a result of Governor Dayton’s dictate is a slap in the face of fundamental American principles we hold dear.”
The lawsuit is the second legal challenge to Minnesota’s child care provider unionization scheme, but the first in federal court. Another lawsuit challenges Dayton’s authority to enact the scheme under Minnesota law.
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.