Governor's Executive Order to Unionize Child Care Providers Nixed by Judge

Editor's Note: The following information was taken from a Minnesota Majority news release.

Judge Dale Lindman struck down Gov. Mark Dayton’s executive order calling for a unionization election among independent, home-based childcare providers Friday.

A group of 11 childcare providers 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.

In the final order, 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.