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Forced unionization of independent daycare workers in Michigan - the 'babygate bottle cry' continues

Michigan's 'babygate' bottle cry
Michigan's 'babygate' bottle cry
Photo credit: 
Rex Pictures

“The unions claim the deck is stacked against them when it comes to labor laws, but the truth is many private and public sector workers are forced to pay union dues as a condition of their employment, yet they have little say in how the unions spend their money. “ – Linda Chavez

The battle is still crying over the “bottle half empty” regarding the mandated unionization of Michigan daycare providers. The latest filing was on May 10, 2010 where home-based daycare owners Sherry Loar of Petoskey, Michelle Berry of Flint and Paulette Silverson of Brighton appealed their grievance on behalf of 34,000 + independent daycare providers who did not vote on this law to the Michigan Supreme Court.


This state debacle first started in 2006 when the Department of Human Services, DHS, and the unions joined forces and created a government “shell corporation” designed to cleverly bypass possible political and constitutional obstruction. Then in December, 2008, the CCPTM - Child Care Providers Together Michigan and MHBCCC - Michigan Home Based Child Care Council entered into what they called “a collective bargaining agreement” with the convenient intention of increasing state union control with a lofty Democrat Power grab.

MERC – Michigan Employment Relations Commission conducted a vote by mail in October and November, 2006. Of the 40,500 home day care providers who would be effected by this decision, only 6,396 voted. The outcome was 5,921 in favor of the union and 475 opposed. Neither Loar,Silverson nor Berry believes they were aware of or voted in that election. Many questions remain regarding proper notification of the controversial vote due to the paltry turn-out.

The plaintiffs were then notified by mail that they were dues-paying members of the newly formed union, a joint enterprise of the United Auto Workers and American Federation of State, County and Municipal Employees. Loar, Silverson, Berry and 40,000 other home-based day care providers in Michigan are now experiencing a total of $3.7 million annually taken from their paychecks by the Michigan Department of Human Services and allocated directly to the union.

In,September, 2009, the MCLF - Mackinac Center Legal Foundation’s public-interest law firm brought suit against the Michigan Department of Human Services on behalf of home-based day care providers who were forced into a government employees union and had dues withheld from state subsidy payments provided to low-income families. In late December, 2009, the Michigan Court of Appeals dismissed the case without explanation.

At least 40,000 home-based business owners and millions of dollars were affected by the DHS/union effort to classify the providers as “government workers” for unionization and dues-collecting purposes. The MCLF is suing to prevent the DHS from further collecting dues from the providers.

Bottom Line

Now, millions of dollars that should be going to help Michigan families care for the most vulnerable and innocent among us, our children, are now going into the coffers of organized labor while the state is decaying. Unions are not concerned with the costs these businesses or any others must manage, considering that, millions of dollars are in the game. Especially, since DHS has begun funneling to “Big Labor” funds originally dedicated for daycare providers, which totals approximately $3.7 million per year. It seems that union bosses have contrived yet another scheme to beat the bureaucracy.


Daycare centers have a useful purpose and serve as an opportunity for many men and women nationwide to become entrepreneurs, opening small businesses in their homes and caring for young children in their communities. Child care centers such as those that exist throughout Michigan offer quality and affordable options for some parents who have to work multiple jobs in order to make ends meet and single parents who have to make many sacrifices in order to provide for their families.


Consequently, while union bosses’ pensions are secured and fully funded, daycare centers are being cheated out of their hard-earned income with mere gain or worse, a loss that would otherwise be the difference of sliding by to survive. Furthermore, daycare centers in Michigan may soon be in jeopardy and have to close as a result of these tactics due to the increased burdens that forced unionization places on small businesses. Unfortunately, low and middle income families facing hardship in these dismal economic times who are struggling to make ends meet and working hard to prevent forclosure and/or bankruptcy will endure extra costs which will be a negative aspect of the trickle-down effect from the daycare unionization dilemma.


This “forced unionization” is a very important issue in Michigan as it can dramatically change the lives of hundreds of thousands as it affects all related parties like a domino effect. In addition, this controversy has questionable constitutional merit. It will be interesting to see how this unfortunate saga plays out. This “BabyGate” political maneuver may very well become Michigan’s “Watergate” with “deep throat” being the cries of the babies sans a gate in need of protection and “water”….


Stay updated on this important state issue. Keep up with the dockets.

Is Michigan’s forced unionization of daycare workers fair? Take the poll.

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, Michigan Liberty Examiner

Susan M. Tabar is a writer and former broadcast journalist specializing in health, politics, arts and entertainment. Ms. Tabar is often asked to serve as a commentator on radio/tv shows regarding current political issues. Susan remains active in the Art/Volunteer/Political Community in which...

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