Thursday, January 5th, 2011
CONTACT FOR IMMEDIATE RELEASE
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.