A more perfect "union"
...to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical...

- Thomas Jefferson

Jefferson would be rolling in his grave over the crooked, Third-World-style scheme that has been cooked up in Michigan. Day care providers who work out of their own homes and run their own businesses are automatically forced by the state government to join the United Auto Workers Union, which is then automatically fed "dues" money by the state which sends the day care workers their checks. It's a convoluted scheme, but the theory is that if any of a day care provider's clients qualify for government subsidies (which many do), then the government essentially becomes the "employer." And so, because Democratic Governor Jennifer Granholm made a sweetheart deal with the unions, the state now insists that subsidized day care providers are state "employees" and must belong to a union and pay dues. Even if they never consented to join any union and don't want to:
(09-12) 10:43 PDT DETROIT (AP) -- Peggy Mashke tends to 12 children for 12 hours a day at her home, so she was surprised to get a letter welcoming her to the United Auto Workers union.

"I thought it was a joke," said Mashke, 50, of northern Michigan's Ogemaw County. "I work out of my home. I'm not an auto worker. How can I become a member of the UAW? I didn't get it."

Willing or not, Mashke and 40,000 other at-home providers are members of a labor partnership that represents people across Michigan who watch children from low-income families. Two unions receive 1.15 percent of the state subsidies granted to those providers, or more than $1 million a year.

Mashke has given up about $100 this year, and while she says it's not a huge amount of money, she's among a small group of home-based providers suing in federal court to break free from organized labor.

"It's the principle. It's my constitutional rights," she said.

The plaintiffs claim they were driven into the union and forced to support it financially even though they work at home, are hired by families and are not state employees. In some cases, they are even related to the children in their care.

In 2006, the UAW and the American Federation of State, County and Municipal Employees, or AFSCME, were formally approved as partners in a union called Child Care Providers Together Michigan. Only 15 percent of the providers cast ballots, but 92 percent were in favor.

The lawsuit, filed by the National Right to Work Legal Defense Foundation, claims that Gov. Jennifer Granholm, a Democrat, and her administration cleared the way for the union in exchange for valuable political support from the UAW and AFSCME.

What this means is that not only is the state forcing people to join unions against their will, they're taking tax dollars supposedly intended to subsidize day care for the poor and giving the money to fat cat unions. Naturally, the latter can be depended on to contribute to the political campaigns of whatever crooked politician supports the scheme.

I see this as violative of more than just the rights of the day care providers. Because the money which is diverted to the unions ultimately comes from the taxpayers, it essentially forces all taxpayers to pay the unions. It's bad enough when crooked unions contribute to whatever grafting politician does their bidding, but when they're using my money, it's simply an outrage.

The Wall Street Journal
had a piece about this unconstitutional scam last year, and it was made clear that because so many things are now subsidized, the idea that receiving subsidies equals being a government employee could spread.

Sherry Loar, who owns a day-care center in Petoskey, Mich., is the lead client in a lawsuit brought against the Department of Human Services in state court by the legal arm of the Michigan-based Mackinac Center, a free-market think tank for whom we work. (Ms. Berry is petitioning to join the suit.) The case is based on the grounds that state law presumes that no one is subject to public-sector bargaining unless state legislation has made them so, and in this case, there is no legislation--only the flimsy interlocal agreement. "I'm not opposed to unions," Ms. Loar says, "everything has a place. But when we enter my door, this is my home."

The larger question, not part of this lawsuit, is whether this sort of unionization violates the U.S. Constitution. The freedom of association clause prevents compulsory unionism except, courts have determined, when it is necessary for "labor peace." But in this case, whom would the day-care providers riot against? The parents?

The federal question may be raised soon, as other states have pursued similar unionization schemes over the past decade, primarily at the behest of the American Federation of State, County and Municipal Employees and the Service Employees International Union, better known as the SEIU. Fourteen states have now enabled home-based day-care providers to be organized into public-employee unions, affecting about 233,000 people. And nine have done so with home health-care providers. The idea to unionize in this way was hatched in California, though ironically Gov. Arnold Schwarzenegger has vetoed legislation to unionize child-care providers.

Well, that's a nice twist. California of all places saw the scam coming (and good for Arnie!), but that didn't stop the shameless idea from spreading.

It's the subsidies, of course that provide the foot in the door for the government to engage in this dishonest fiction:

It's telling that in several states that have gone down this road, state and federal subsidies are the source of the union dues. In Michigan, the scheme is essentially throwing a cash lifeline to unions like the UAW, which are hemorrhaging members.

There's another, ironic twist to the story in the Great Lakes state. Last month the Michigan Economic Development Corporation granted a for-profit SEIU subsidiary, the SEIU Member Action Service Center, a $2 million refundable tax credit to locate a new business facility in the state that will provide administrative services for the union and other local labor organizations. The subsidy strikes us as inappropriate because it categorized the SEIU subsidiary as a business and occurred just before the 5,000 member SEIU local 517M granted the state wage concessions. Shamelessly, the SEIU requested the credit because Michigan has high labor costs.

Some states are redefining straightforward terms--a union as a business, an employer as an employee--primarily to aid organized labor. This highlights the need to re-examine public-sector collective bargaining. Shielded from market pressures, public employee unions have driven up taxpayer costs for decades. Now labor leaders are shanghaiing entrepreneurs such as Ms. Berry and Ms. Loar into government unions because their clients receive government aid. Who will be next? Grocers? Landlords? Doctors?

Well, grocers accept food stamps (or whatever the new equivalent is called) because they have to. Landlords are often forced by law to accept subsidized tenants. And doctors? We all know that they are going to be forced to accept government-run health care. So if a day care provider can be required to become a government worker and contribute to a union, then why not grocers, landlords and doctors?

The idea being that we should all have to contribute to the unions so that they can continue to fund the campaigns of those who vote to force us all to contribute to the unions!

Such a scam!

Juan Peron couldn't have done it better.

posted by Eric on 09.13.10 at 12:28 PM





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Comments

Refuse to take kids who receive a state subsidy. Tell their parents why.

My bet is that if enough day-care providers did this the problem would go away.

Mark L   ·  September 13, 2010 04:10 PM

Yes, that might work, as long as there isn't some other screwy law making it illegal not to take subsidized kids!

Eric Scheie   ·  September 13, 2010 04:19 PM

Fuck the Wolverines

dr kill   ·  September 13, 2010 07:19 PM

Shoelace would seem to make that a difficult proposition.

Eric Scheie   ·  September 13, 2010 07:49 PM

The right battle would be getting rid of the union's sudden right to force employers to negotiate with them towards a contract.

I mean, to get to the original mistake.

Nobody individually can force an employer to hire them, and so neither can people join forces to acquire a claim against the employer that none of them have individually.

Enter the labor law mistake.

That's the source of the new sudden rights.

rhhardin   ·  September 13, 2010 10:07 PM

Eric, why would they need a law? When all of the state employees that carry out health and safety inspections of child-care providers, or issue the licenses for child-care providers, are members of SEIU or American Federation of State, County and Municipal Employees, what are the odds that any provider with such a policy will be found to be in violation of any number of statutes?

At what point do guns become the only option?

SDN   ·  September 13, 2010 10:14 PM

If unions are a business then employees of the union can unionize. I look forward to the coming fight.

M. Simon   ·  September 14, 2010 01:52 PM

Two can play!

The original (and ironic) title of "Atlas Shrugged" was "The Strike."

http://en.wikipedia.org/wiki/Atlas_Shrugged

Eric Scheie   ·  September 15, 2010 12:34 AM

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