.: 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
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,
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:
granted Governor Dayton's requests to dismiss and denied both
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
Saville, et al. v.
Dayton (May 29, 2013)
al. v. Dayton Lawsuit (June 5, 2013)
Both lawsuits state that this law is unconstitutional.
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.
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
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:
May 18 House debate
May 19 House debate
May 20 House debate
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)
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
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
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