Temporary Restraining Order Granted
Ramsey County District Court Judge Dale Lindman today granted a temporary restraining order blocking a vote ordered by Governor Dayton to unionize the state’s home-based childcare providers (docket number 62-CV-11-9535). A group of childcare providers sued for an injunction contending that the vote is unfair and unlawful.
The restraining order will halt the planned mailing of union ballots to approximately 4,300 childcare providers deemed by the governor to be eligible until an injunction hearing can be conducted on January 17th, 2012.
Childcare provider and plaintiff, Becky Swanson was pleased with the judge’s order. “We still have a ways to go, but this is a good first step,” she said. “I’m glad the judge understood the potential for unionization to affect all childcare providers, while only a select group of providers would be allowed to vote. It was obviously the right thing to stop this vote, but it’s ridiculous that it’s even come to this. Childcare providers are self-employed. We shouldn’t have to go to court to fend off an unfair election for an unwanted union.”
Doug Seaton, an attorney for the plaintiffs is now preparing to argue their case for an injunction. “We believe, and the judge was inclined to agree that the governor overstepped his legal authority,” he said.
In granting the TRO, Judge Lindman indicated he thought it likely that the plaintiffs would ultimately prevail and earlier wondered aloud if it would be best to dispose of the case all at once, because during the 3 hour hearing, he’d already heard all the arguments likely to be presented. He ultimately conceded that not everyone had time to read all pertinent briefs and documents and granted the TRO instead.
“Lawmaking authority rests with the legislature, not the governor,” said Seaton. “If self employed childcare providers are going to be unionized, that would have to be done by an act of the legislature, because there is nothing in statutes now that contemplates such an unprecedented union election procedure.”
Judge Lindman seemed to agree that the governor had overstepped his authority and also expressed concern that only 4,300 childcare providers would be permitted to vote on forming a union that would likely affect all of Minnesota’s 11,000 home-based childcare providers.
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