Dayton in Full Retreat
Minnesota Gov. Mark Dayton’s effort to coercively unionize thousands of home child care workers (read baby sitters) was rejected by the courts and he has refused to appeal. The effort was nothing more than a quid pro quo for…
Minnesota Gov. Mark Dayton’s effort to coercively unionize thousands of home child care workers (read baby sitters) was rejected by the courts and he has refused to appeal. The effort was nothing more than a quid pro quo for…
Minnesota Judge Dale Lindman ruled that Gov. Mark Dayton's Executive Order (EO) calling for the unionization of child care providers is unconstitutional. Judge Lindman, an appointee of Gov. Arne Carlson, said that Gov. Dayton's EO is "an unconstitutional usurpation of the Legislature's right to create or amend laws", which "is a violation of the Separation of Powers principle." The Examiner called it s "stinging defeat for Gov. Dayton, AFSCME and the SEIU." Judge Lindman said that the BMS doesn't have statutory authority through Chapter 179 to get involved in this dispute, adding that they only have the authority to mediate in employer-employee disputes. HotAir.com weighs in on the news: Dayton attempted to bypass the state legislature in this effort by declaring through executive order that day-care centers that indirectly receive state aid through their clients are in effect public-sector workplaces — a definition not found in law or in legislative intent. In fact, as Gary Gross points out, it arguably contravenes state law. That way, Dayton could order an election that would allow his union allies to force their way into day-care workplaces, including many independent operations, and start extracting dues on a massive basis. I use the word extreme for a couple of reasons. First, it fits; had Dayton succeeded in his imposition of public-worker status, the precedent established would have been so broad as to threaten the very notion of a private-sector workforce altogether.
Minnesota Judge Dale Lindman ruled that Gov. Mark Dayton's Executive Order (EO) calling for the unionization of child care providers is unconstitutional. Judge Lindman, an appointee of Gov. Arne Carlson, said that Gov. Dayton's EO is "an unconstitutional usurpation of the Legislature's right to create or amend laws", which "is a violation of the Separation of Powers principle." The Examiner called it s "stinging defeat for Gov. Dayton, AFSCME and the SEIU." Judge Lindman said that the BMS doesn't have statutory authority through Chapter 179 to get involved in this dispute, adding that they only have the authority to mediate in employer-employee disputes. HotAir.com weighs in on the news: Dayton attempted to bypass the state legislature in this effort by declaring through executive order that day-care centers that indirectly receive state aid through their clients are in effect public-sector workplaces — a definition not found in law or in legislative intent. In fact, as Gary Gross points out, it arguably contravenes state law. That way, Dayton could order an election that would allow his union allies to force their way into day-care workplaces, including many independent operations, and start extracting dues on a massive basis. I use the word extreme for a couple of reasons. First, it fits; had Dayton succeeded in his imposition of public-worker status, the precedent established would have been so broad as to threaten the very notion of a private-sector workforce altogether.
The Right to Work movement continues to grow as legislation in Minnesota and Michigan have been introduced. Minnesota state Rep. Steve Drazkowski and state Sen. Dave Thompson proposed a bill last week that would allow Minnesotans…
Minnesota Governor Mark Dayton, like former governors Gray Davis (CA), Rod Blagojevich (IL), and Jennifer Granholm (MI) to name a few, knows how to payback the SEIU union bosses -- they all indentured parents and family members who take care of relatives to Big Labor. It is a shameless act of pure political power compelling people who are not even employees of the state to be required to pay union dues and fees. In Michigan, Governor Rick Snyder ended Granholm's SEIU payback scheme. But, in other states like Minnesota, parents and family members have not been so fortunate. That is why the National Right To Work Legal Defense is taking the case in an effort to expose the scheme and have the court system eventually rule against everyone of these schemes. Legal schemes that were in a large part a brainchild of Obama's former NLRB member Craig Becker. From The StarTribune article by Jim Ragsdale and Paul Walsh: Opponents of the drive to unionize in-home child care providers have filed a second suit aimed at blocking a union vote. A group of 12 child-care providers, aided by the National Right to Work Legal Defense Foundation, filed suit Thursday in U.S. District Court in Minneapolis against Gov. Mark Dayton's executive order authorizing a union election. The group argues that the order is unconstitutional because it could ultimately require all providers to be represented by the union, whether they want to or not. The federal complaint says that if either or both unions win the elections in their geographic areas, the union would become the "exclusive" representative of all providers. It said the providers who filed the suit do not want to associate with either union "in any way" and "wish to retain their individual right to choose with whom they associate to lobby the state.'' "In the order, the state is going to designate a representative of these providers for the purposes of petitioning the state,'' said William Messenger, an attorney for the foundation, based in Springfield, Va. "It infringes on the freedom of association -- the First Amendment protects to right to associate or not associate.'' After an organizing drive by the Service Employees International Union and the American Federation of State, County and Municipal Employees, Dayton issued an order setting a union election for those providers who care for children with state subsidies -- about 4,300 of the state's 11,000 licensed in-home providers. The foundation is focused on fighting what it considers "compulsory unionism,'' such as workplaces where employees are required to be members. It is providing legal work on the lawsuit for free, Messenger said. From the related National Right To Work Legal Defense Foundation press release:
Minnesota Governor Mark Dayton, like former governors Gray Davis (CA), Rod Blagojevich (IL), and Jennifer Granholm (MI) to name a few, knows how to payback the SEIU union bosses -- they all indentured parents and family members who take care of relatives to Big Labor. It is a shameless act of pure political power compelling people who are not even employees of the state to be required to pay union dues and fees. In Michigan, Governor Rick Snyder ended Granholm's SEIU payback scheme. But, in other states like Minnesota, parents and family members have not been so fortunate. That is why the National Right To Work Legal Defense is taking the case in an effort to expose the scheme and have the court system eventually rule against everyone of these schemes. Legal schemes that were in a large part a brainchild of Obama's former NLRB member Craig Becker. From The StarTribune article by Jim Ragsdale and Paul Walsh: Opponents of the drive to unionize in-home child care providers have filed a second suit aimed at blocking a union vote. A group of 12 child-care providers, aided by the National Right to Work Legal Defense Foundation, filed suit Thursday in U.S. District Court in Minneapolis against Gov. Mark Dayton's executive order authorizing a union election. The group argues that the order is unconstitutional because it could ultimately require all providers to be represented by the union, whether they want to or not. The federal complaint says that if either or both unions win the elections in their geographic areas, the union would become the "exclusive" representative of all providers. It said the providers who filed the suit do not want to associate with either union "in any way" and "wish to retain their individual right to choose with whom they associate to lobby the state.'' "In the order, the state is going to designate a representative of these providers for the purposes of petitioning the state,'' said William Messenger, an attorney for the foundation, based in Springfield, Va. "It infringes on the freedom of association -- the First Amendment protects to right to associate or not associate.'' After an organizing drive by the Service Employees International Union and the American Federation of State, County and Municipal Employees, Dayton issued an order setting a union election for those providers who care for children with state subsidies -- about 4,300 of the state's 11,000 licensed in-home providers. The foundation is focused on fighting what it considers "compulsory unionism,'' such as workplaces where employees are required to be members. It is providing legal work on the lawsuit for free, Messenger said. From the related National Right To Work Legal Defense Foundation press release:
Trey Kovacs looks at Minnesota Governor Mark Dayton's quest to empower union bosses by any means necessary: Minnesota State Senator Mike Parry (R-Waseca) recently caused a stir with strong accusations against Governor Mark Dayton. “It’s no secret that the labor unions helped buy the Governor’s Office for Mark Dayton… he began to return the favor, most recently by trying to help unionize some of Minnesota’s in-home, private child care providers,” said Parry in a fundraising letter. Sen. Parry’s allegations elicited a strong reaction from Dayton, who called it “inaccurate and deeply offensive.” A review of the facts, however, shows that the real reason the governor is so upset: the truth hurts. Since 2005, the American Federation of State, County and Municipal Employees (AFSCME) and Service Employees International Union (SEIU) have been trying to organize child care providers Minnesota. Associated Press found that AFSCME wrote a $125,000 check to Gov. Dayton’s Recount Fund once restrictive campaign contribution limits ceased. Combined AFSCME and SEIU PACs contributed $14,000 to Dayton during his campaign. The Minnesota Family Council calculates that Big Labor stands to gain up to $3.3 million a year in dues from unionizing child care providers. On November 15, Gov. Dayton issued Executive Order 11-31, calling an election to unionize all licensed, registered, and subsidized child care providers in the state. In defense of his order, the governor claimed that holding a union election would ensure that union membership would be “voluntary” and that child care providers not eligible to vote for unionization would be unaffected. Opponents countered that union dues will be compulsory and costs will rise. For the most part, child care providers are self-employed. So how could they be unionized? Dayton and the unions have a simple solution: declare them state employees because they receive state aid to serve needy children. Under their view, anyone who receives any form of state aid qualifies as a state employee. To push back against this power grab, on November 28, a group of 11 child care providers sued to block Dayton’s executive order, arguing that it violates state and federal laws. The National Labor Relations Act and Minnesota Labor Relations Act do not allow employers to form, join, or assist labor organizations. The Minnesota Labor Relations Act indicates that a union cannot gain exclusive representation of workers, unless a majority of workers choose union representation. Dayton’s mandate blatantly violates that provision, as it excludes a majority of child care providers from the voting process. Only 4,300 government-subsidized providers will cast ballots, but a vote for unionization could also force the state’s 6,700 non-subsidized child care providers into a union. As a result of the suit, Minnesota District Court Judge Dale Lindman issued an injunction to postpone the union election. He stated that laws must be passed by the legislature and remarked that the order “strikes me as being very harmful to the parties that are involved.”