Court Rules in Favor of St. Michael Daycare Provider’s Group

Ramsey County Court Judge Dale Lindman today struck down Gov. Mark Dayton’s Nov. 15, 2011 executive order calling for a unionization election among independent, home-based childcare providers.

A group of 11 childcare providers, including St. Michael’s Hollee Saville, 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.

That means any vote would have to be ordered by the Legislature, via statute. With the Republicans in control of the House and Senate, that won't happen in the near future.

In his final order, Judge Lindman wrote: “Based on this court’s dispositive conclusion 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.

Saville, who owns and operates , 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,” Saville said in a statement.” 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.”

Saville told Patch earlier this year the idea of unionization for thousands of in-home providers was startling at least, egregious at best. She said lumping at-home providers with centers and state-funded care providers would cause more harm than good for small businesses like hers.

“It's not necessary. Look how much providers have accomplished on this issue (and many others) without unionization," she said.

Otsego-based provider Rita Vetsch, who is originally from St. Michael, agreed, stating that she and other providers would be forced to pass on increased costs to families.

"And people are already struggling to make ends meet," she said.

The judge's order is attached to this article.