This afternoon, Gov. Dayton announced that he had signed this executive order ordering a unionization vote for in-home child care providers. Here's the statement issued byGov. Dayton's administration:
Saint Paul – In an effort to settle a dispute concerning the right of licensed family child care providers to organize to have a union represent them in their dealings with the State of Minnesota, Governor Dayton today issued Executive Order 11-31, which calls for an election among licensed, registered, subsidized, family child care providers. This election will be conducted by the Bureau of Mediation Services, and it will give all affected providers the chance to vote by mail ballot.
If a majority of licensed, registered, subsidized, family child care providers vote in favor of union representation, the selected union will meet and confer with the Commissioners of Human Services and Education on issues that affect child care providers in Minnesota. Membership in the union, if approved by a majority of providers, will be voluntary.
About the election, Governor Dayton said, “There are two sides to this issue: some child care providers are in favor of joining a union, and some are opposed. The fairest way, and the American way, to settle this dispute is to have an election, where all the people directly affected will have an opportunity to vote.”
Please see the attached letter from AFSCME and SEIU that describes the dispute and requests an election, Executive Order 11-31, and a list of frequently asked questions about the election.
Today's EO will be overturned by the courts because in-home child care providers aren't govenment employees or employers. We know this because that's what Minnesotat State Statute says. Here's part of Subd. 14:
Subdivision 14. Public Employee or Public Employer
"Public employee" or "employee" means any person appointed or employed by a public employer except:
(a) elected public officials;
(b) election officers;
(c) commissioned or enlisted personnel of the Minnesota National Guard;
(d) emergency employees who are employed for emergency work caused by natural disaster;
(e) part-time employees whose service does not exceed the lesser of 14 hours per week or 35 percent of the normal work week in the employee's appropriate unit;
(f) employees whose positions are basically temporary or seasonal in character and: (1) are not for more than 67 working days in any calendar year; or (2) are not for more than 100 working days in any calendar year and the employees are under the age of 22, are full-time students enrolled in a nonprofit or public educational institution prior to being hired by the employer, and have indicated, either in an application for employment or by being enrolled at an educational institution for the next academic year or term, an intention to continue as students during or after their temporary employment.
Here's part of what Subd. 15 says:
Subd. 15.Public employer or employer.
"Public employer" or "employer" means:
(a) the state of Minnesota for employees of the state not otherwise provided for in this subdivision or section 179A.10 for executive branch employees;
(b) the Board of Regents of the University of Minnesota for its employees;
(c) the state court administrator for court employees;
(d) the state Board of Public Defense for its employees;
(e) Hennepin Healthcare System, Inc.; and
(f) notwithstanding any other law to the contrary, the governing body of a political subdivision or its agency or instrumentality which has final budgetary approval authority for its employees. However, the views of elected appointing authorities who have standing to initiate interest arbitration, and who are responsible for the selection, direction, discipline, and discharge of individual employees shall be considered by the employer in the course of the discharge of rights and duties under sections 179A.01 to 179A.25.
In short, Gov. Dayton doesn't have the authority to order a union vote for people who aren't public employees. Sen. Hann took Gov. Dayton to the proverbial woodshed this afternoon:
"If you have a governor who's not willing to follow the law, then we have no choice but as a Legislature to go to an appropriate court and say you need to stop the governor from proceeding in this action because he is not warranted by law to do it."
Governors, like all statewide officeholders, are elected to serve all of the people. Gov. Dayton has failed miserably in that mission. This time, Gov. Dayton sided with his union allies on the unionization of in-home child care providers. A month ago, Gov. Dayton sided with his allies in the militant environmentalist movement in killing mining jobs in northern Minnesota.
When, if ever, will Gov. Dayton start representing all Minnesotans?
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