Judge Strikes Down Governor’s Executive Order to Unionize Home-Based Chidcare Providers

St. Paul – Judge Dale Lindman today struck down Governor Dayton’s executive order calling for a unionization election among independent, home-based childcare providers.

A group of 11 childcare providers filed a lawsuit seeking to enjoin the order, claiming the election and potential involuntary payment of “fair share” fees to the unions violated their rights. The lawsuit asserted that the governor lacks the legal authority to order a unionization election and the judge ultimately agreed.

In the final order, Judge Lindman wrote that the governor has exceeded his authority by attempting to implement Executive Order 11-31. The judge said the governor was improperly attempting to circumvent the legislative process and violated the separation of powers as set forth in the Minnesota Constitution.

The order permanently enjoins the unionization election and bars the governor from any attempt to implement the executive order. It also awards the plaintiffs court costs and attorney fees.

The childcare providers who took part in the suit are thrilled. Plaintiff Hollee Saville said it was a great Easter present. “I can’t think of a better way to celebrate Easter than knowing that Judge Lindman upheld our rights and freedoms as independent licensed family child care providers. I’m jumping up and down right now and am thrilled that the time and efforts that childcare providers have dedicated to this very important cause over the past several years have paid off. We’re so grateful for the support of the majority of Minnesotans. Thank you!”

Read the judge’s order.

Trackbacks/Pingbacks

  1. Forced Unionization Threatens Families, Small Businesses and Taxpayers | Minnesota Majority - December 20, 2012

    [...] issued an unlawful executive order to unionize self-employed, home-based childcare providers, we sued and we stopped him. A judge invalidated the governor’s order, ruling that he had exceeded his authority in [...]

  2. Forced Unionization Push Resumes | Childcare Freedom - February 22, 2013

    [...] State law halted the last effort to force self-employed, home-based childcare providers into government employee unions, but now, the largely union-allied Democrats have free reign to change the laws to suit their purposes. [...]

  3. Unionization Bill Gets First Senate Hearing, Monday | Childcare Freedom - March 1, 2013

    [...] Governor Dayton’s illegal executive order to unionize childcare providers was shot down by the courts last year, AFSCME and SEIU have now turned to the legislature to help them force independent, [...]

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