An attempt by Gov. Mark Dayton to order a unionization vote among in-home child-care providers may face another legal hurdle.
Jennifer Parrish, a Rochester provider who has fought the unionization drive, said she and 11 other provider will file suit in federal court, possibly today, with the assistance of the National Right to Work Legal Defense Foundation.
Parrish said the federal suit will challenge the constitutionality of the governor's order, and could have ramifications for other states where such unionization attempts have been undertaken.
"The federal suit says, this should not happen, period, because it violates our constitutional rights, the First Amendment freedom of association," said Parrish, a leader of those who have opposed the union drive.
She said the National Right to Work Legal Defense Foundation, which opposes "union shops" that require employees to become members, is providing the legal work for the lawsuit.
Once it is filed, this would be the second legal challenge to Dayton's Nov. 15 order, in which he called for a union election among those licensed providers who care for children receiving state subsidies -- about 4,300 of the 11,000 total in the state. The election was halted by the first lawsuit, filed in state court by a separate group of providers, pending a hearing next month.
