.: Updates :.

 

Timeline of events

 

August 1, 2014: The 8th Circuit Court of Appeals lifted the injunction that has restrained AFSCME from a potential child care election and sustained Judge Davis' ruling that the Parris case was not "ripe." Providers have been and are still being harmed by the threat of unionization due to the costs and time spent educating providers, legislators, the media, and the public about this issue. The two lawsuits will be refiled if and when AFSCME petitions for an election. They will again seek injunctions to prevent an election and to invalidate the law in federal court.

 

June 30, 2014: The U.S. Supreme Court ruled that home care providers cannot be forced to pay a union! Justice Alito, who wrote the majority opinion, stated: "This case presents the question whether the First Amendment permits a State to compel personal care providers to subsidize speech on matters of public concern by a union that they do not wish to join or support. We hold that it does not, and we therefore reverse the judgment of the Court of Appeals." Click here to read the ruling.

 

January 21, 2014: The U.S. Supreme Court will hear arguments in Harris v. Qunn, with an expected decision in Spring 2014.

 

October 16, 2013: The 8th Circuit Court of Appeals denies AFSCME's request to lift the injunction. The court will keep the injunction in place through the appeals process.

 

October 1, 2013: The U.S. Supreme Court agrees to hear Harris v. Quinn, a case about the unionization of home care providers in Illinois, in the next session. Pam Harris should not be forced to pay a union (SEIU) in order to care for her son with disabilities. If the Supreme Court rules that home care providers (PCAs) cannot be forced to unionize, it will likely nullify unionization of family child care providers, as well.

 

September 19, 2013: The 8th Circuit Court of Appeals granted an injunction in the Parrish case, halting a potential child care union election until the U.S. Supreme Court decides whether or not to hear Harris v. Quinn, a case about unionization of home care providers from Illinois.

 

August 6, 2013: The Parrish Plaintiffs file an appeal of Judge Davis' decision with the 8th Circuit Court of Appeals.

 

July 28, 2013: Judge Davis granted Governor Dayton's requests to dismiss and denied both lawsuits' injunction requests stating that they were not "ripe." This was not a ruling based on the merits of the lawsuits, but based on his belief that nothing has happened yet to harm us. We respect Judge Davis but believe he has erred and will re-file as the unionization process proceeds. We remain convinced that home child care providers are not subject to unionization by the state under this statute. Our challenge is NOT over, so please do not lose hope. We have faith that truth, justice, freedom, and liberty will prevail.

 

July 18, 2013: The Honorable Judge Michael Davis heard both requests for preliminary injunctions to stop a vote and Governor Dayton's request to dismiss the lawsuits at the U.S. District Courthouse in Minneapolis. After 2 1/2 hours of arguments from both sides and both lawsuits, he said he would take the matter under advisement and rule quickly.

 

Two lawsuits were filed on behalf of licensed family childcare providers:

Saville, et al. v. Dayton (May 29, 2013)

Parrish et al. v. Dayton Lawsuit (June 5, 2013)

Both lawsuits state that this law is unconstitutional. Saville, et al. v. Dayton makes its case based on national labor laws (NLRA), federal anti-trust laws, and the 14th Amendment's Equal Protection clause. Parrish, et al. v. Dayton highlights the 1st Amendment's Freedom of Association clause.

Unfortunately, the courts ruled that both cases were not "ripe;" that means that they did not see harm was imminent. They did not rule on the merits of the cases.

 

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Minnesota Licensed Family Child Care Association (MLFCCA) official position on the Family Child Care Representation Act  

 

May 18-20, 2013: After spending the last 3 days and nights at the Capitol, away from our families and childcare and going on little to no sleep, we are extremely disappointed that 68 so-called representatives in the Minnesota House did anything but represent the Constitution, their constituents, care providers, and their consciences. Instead, they voted for money and power by passing SF778, the Family Child Care and PCA unionization bill. While it is a sad day for freedom and liberty, we look forward to the opportunity to defeat this illegal, unconstitutional, and harmful bill in the courts. We will prevail!

Thank you to all of the amazing people (not paid or flown in by the unions) who have attended hearings, spent the weekend at the Capitol, contacted legislators, educated others, exemplified professionalism, and supported our rights as independent business owners against FORCED unionization. You have all been incredible and made a difference: 66 legislators from both parties voted NO on this bill; it passed by only 1 vote! That means that every legislator who voted for it was the deciding vote.

Please take the time to personally write or call every legislator who stood up for family childcare providers, PCAs, children, families, and people who use PCA services and voted NO on this bill. Every Republican was prepared a 24-hour Alamo-esque standoff to defend our rights and freedom. DFL Representatives Norton, McNamar, Pelowski, Faust, and Liebling refused to be bullied and voted NO. Thank you to all of them!

Watch the House floor sessions of SF 778:
Saturday: May 18 House debate (from 8:00:00)
Sunday: May 19 House debate (from 1:30:00)
Monday: May 20 House debate (from 38:00)

 

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May 14-15, 2013: At 8:30 a.m. on May 15, after a record 17 1/2 hours of debate from afternoon to early morning, more than 24 amendments down, and 80 amendments left to go, SF 778 passed by a vote of 35-32. Thank you, everyone, for e-mailing these legislators. A special thanks to the Republican legislators for their tireless and heartfelt energy throughout the night and morning to drag this out into a new legislative day! Thank you to DFL Senators Bonoff, Scalze, Franzen, and Clausen and every Republican senator for voting against this illegal encroachment on our independent businesses!
May 14 Senate debate (part 1, approximately 2 hours in, Tues. - Wed.)
May 15 Senate debate (part 2, Wednesday morning)

 

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May 8, 2013: The bill was heard again in the Senate Finance Committee through a long day and liberty took a hit by 12-10 vote! Senator Pappas protested when her bill was defeated, got a "mulligan," and Senator Bonoff changed her vote from no to yes to move it to the full Senate without recommendation.

 

May 6, 2013: Thanks to an outcry of frustration from providers, families, and other legislators, Chairman Cohen carried the bill over to Monday, May 6, where it was defeated by a vote of 11-11. Unfortunately, Senator Pappas demanded a revote, and Chairman Cohen gave in. Here are the videos from May 6: May 6 Senate Finance Committee -- AM AND May 6 Senate Finance Committee -- PM

 

May 3, 2013: With 15 hours' notice for the meeting, SF778 was heard at 8:30am in the Senate Finance Committee. You can listen to that portion here: May 3 Senate Finance Committee

 

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May 2, 2013: The final House Committee hearing before a floor vote for HF 950 passed Ways & Means by a 17-14 vote (thank you to the representatives who voted against it). Unionization will cost taxpayers $1 - $3 million every year in management costs alone, the CCAP program $4 million per year, increase childcare rates, and cost family childcare providers money they don't have to waste: Minimum Taxpayer Costs     Listen to the audio here: May 2 House Ways & Means Committee 

 
 
 
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