Judge Tosses St. Michael Plaintiff's Suit to Stop Day-Care Unions

A lawsuit filed by Hollee Seville of St. Michael and other home day-care providers is one of two that a federal judge has rejected, paving the way for a unionization effort of home-based care providers in Minnesota. 

According to Minnesota Public Radio's Capitol View blog, U.S. District Judge Michael Davis wrote in one of the rulings: “Plaintiffs request that the Court peer into a crystal ball, predict the future, and then opine on the constitutionality of a speculative scenario."

MPR also quoted a statement from Gov. Mark Dayton: “I believe that working men and women should have the right to vote on forming a union, and that the Court’s decisions will permit such an election to be held.”

AFSCME Council 5 issued a press release with this statement from spokesperson Jennifer Munt: “These quick rulings show that the Minnesota Legislature has the right to let child-care providers vote on a union. ... It shows that the state also has the right to bargain with caregivers who are paid by the state.”

When she helped file the lawsuit in 2011, Seville said, "Union membership, as outlined by the governor, might be voluntary, but union representation will not. It will be limited to those providers who accept CCAP. This is an attack on our rights as self-employed business owners."

The providers' attorney told MPR an appeal is possible. 

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