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Luncheon Event on January 25th. Executive Orders: Executive Necessity or Executive Overreach?

THE MINNESOTA FREE MARKET INSTITUTE AND CENTER OF THE AMERICAN EXPERIMENT ARE PROUD TO CO-SPONSOR THIS EVENT

The Minnesota Lawyers

&

The University of St. Thomas Law School Chapters

of the Federalist Society

 

Proudly Present:

 

Executive Orders: 

Executive Necessity or Executive Overreach?

A panel discussion featuring:

  • Noel Francisco, Jones Day, former Deputy Assistant Attorney General, Office of Legal Counsel, Department of Justice
  • Heidi Kitrosser, Julius E. Davis Professor of Law, Universityof Minnesota Law School
  • Peter J. Nelson, Director of Public Policy Center of the American Experiment

January 25, 2012

12:30 p.m.-1:30 p.m.

University of St. Thomas Law School, Room MSL 235

1000 LaSalle Avenue, Minneapolis, MN

Click Here for a Map and Parking Information

The Lawyers Chapter Will Apply for 1.0 CLE Credits 

Lunch Will Be Served  (Free for Students, $10 for Lawyers and Other Guests) 

 

Please RSVP by January 24th to Nathan Swanson at nswanson30@gmail.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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