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Press Release: Childcare Unionization TRO Hearing Moved to February 22nd

PRESS RELEASE

Thursday, January 5th, 2011

 

CONTACT                                                                                                   FOR IMMEDIATE RELEASE

Dan McGrath

dan.mcgrath@mnmajority.org

612-605-3303 Ext. 703

 

Judge Grants Request for Summary Judgment Hearing in Minnesota Childcare Unionization Case

Hearing converted and continued to February 22nd

 

St. Paul – Childcare providers who sued Governor Dayton over his executive order calling for an election to unionize their industry have requested a summary judgment hearing.  This week, Judge Dale Lindman granted their request which should help to streamline the process.  As a result, the hearing originally scheduled for January 17th has been rescheduled to February 22nd.

 

On December 5th, Judge Lindman granted the plaintiffs’ request for a temporary restraining order blocking the unionization vote that was scheduled to begin on December 7th.  At that time, a hearing on a temporary injunction was scheduled for January 17th, 2012.

 

Attorneys for the plaintiffs subsequently made the request for summary judgment.  On Wednesday this week, Judge Lindman granted the plaintiffs’ request, converting the hearing originally scheduled for January 17th to a summary judgment hearing to be heard on February 22nd, 2012.  The temporary restraining order blocking the unionization election will remain in force at least until the February hearing.

 

“We won a restraining order and the next step was a temporary injunction, then a permanent injunction,” said Jeff Davis, speaking for the Childcare Freedom Coalition. “By granting our request for summary judgment, the judge is cutting through all of that. The case has already been argued and it’s time to put this to bed. This move will save us as well as Minnesota taxpayers needless added time and expense.”

 

Summary judgment could represent Judge Lindman’s final determination on the merits of the case, but which ever way he rules, appeals are still possible.

 

“We believe the law is clearly on the side of the plaintiffs in this matter,” Davis said, “The governor’s attorneys are citing statutes that pertain solely to state employees as justification to unionize these small business owners.  He essentially wants to treat childcare providers like employees of the state without calling them employees, and he lacks the legal authority to do so. We expect to prevail and hope that the governor will not waste more tax dollars pursuing appeals to try to keep his unlawful unionization scheme going.”

 

The summary judgment hearing is scheduled to occur at 2:30 PM on Wednesday, February 22nd at the Ramsey County Courthouse.

 

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www.ChildcareFREEDOM.com

 

 

Victory for Freedom! Ramsey County Issues Temporary Injunction Against Day Care Union Election; Next Hearing is January 17th

Here is the press release from ChildCareFreedom. 

While this is very good news  for Minnesotans who do not support the unionization of daycare providers (or any small business owners for that matter), we have to always ask what can other branches of government do to address this issue.

While the Rule of Law triumphed this morning, at least temporarily, keep in mind that litigation is costly (time, money and emotions) and very  risky. These daycare providers should not have to fight the unions or the Governor for the right to run their business without paying dues to a union or interference from the heavy hand of the state. They should not have to litigate for their freedom.

So the next step, besides looking for a governor who respects the right of business owners to be left in peace, is to ask our Legislature in 2012 to clarify the laws so that public unions cannot campaign against people who are self-employed—or any privately held businesses— in the first place. One law being drafted would prevent the unions from getting child care subsidy funds, known as CCAP. This is good policy and it would discourage the unions but they would just look elsewhere for new state subsidies to treat as a new source of dues.

Why are the childcare owners a legitimate target of public unions? They are not state employees or employers–and there is no common or single employer to collectively bargain against as they are employed by parents, not the state. This is crazy stuff but the unions have already succeeded in other states so we have to take this seriously.

I heard Gov. Dayton say that we and other opponents were against elections (apple pie, children, and his new puppy. You get the idea). Yes, we are against elections that are not lawful.

Let’s suppose that a majority of licensed chiropractors (or dentists or doctors) wanted to unionize so they could get higher subsidies for patient care and other benefits from the state. Would that be lawful? Of course not—and those professionals would fight to fend off any union campaign just like these daycare providers have done. But childcare providers do not have paid lobbyists working for them—they are busy taking care of children and running their own businesses. The last thing they need is a knock on the door from their local AFSCME or SEIU rep.

(We keep hearing stories about union organizers coming during lunch or other busy times—pretending that the union card is just for information, rather than signing “yes” to join. Really ethical behavior. Shows a lot of respect for these busy business owners. My advice? Call the cops and report them as trespassers.)

So let’s thank the providers who were brave enough to push back. If you want to help them pay the costs of litigation (this is expensive folks) then go to the Childcarefreedom website and make a donation: https://www.wepay.com/donate/65011

Senator Amy Koch’s Rules Committee: Senate To Back Suit Against Dayton’s Daycare Election

Breaking News: the Senate Rules Committee voted to file an Amicus Brief in support of the daycare providers’ suit against Gov. Dayton’s Executive Order (ordering an election for public unions to potentially “represent” private, small business owners).  Read more here….   

Excerpts from the PIM article above:

“The question is clearly whether the governor in this case exercised his authority from a legal perspective,” Limmer said, adding that it’s a question a court must now decide. “This [resolution] is simply seeking direction from this committee to join that effort.”

Despite the controversy surrounding Dayton’s order, the coming election seems to be continuing as expected, at least for now. Ballots are set to be mailed out next week and returned by Dec. 20. That hasn’t quelled opponents, though. Anti-unionization forces will rally at the Capitol Saturday against the order.

 

 

 

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