News Story

New Law Frees Home Health Care Providers From Stealth Unionization, Dues Skim

Illegal arrangement that netted SEIU $29.4 million from the developmentally disabled comes to an end

For Immediate Release
Tuesday, April 10, 2012
Contact: Michael Jahr
Vice President for Communications 
or 
Patrick J. Wright 
Director, Mackinac Center Legal Foundation
989-631-0900

MIDLAND — Michigan’s 60,000 home health care aides will no longer be deemed government employees — meaning they cannot be forced into a government employee union and have dues withheld — as a result of legislation signed today by Gov. Rick Snyder. The next step is for the Michigan Department of Community Health to immediately stop the collection of dues from subsidy payments intended to assist developmentally disabled adults and the diversion of those funds to the Service Employees International Union, said Patrick J. Wright, director of the Mackinac Center Legal Foundation.

“Ending this lucrative charade is terrific news for Michigan’s home health care providers who have seen nearly $30 million skimmed from their payments over the last six years,” said Wright. “The designation of these private contractors and family members as government employees was illegal from the beginning. Michigan’s Constitution explicitly states that only the Legislature can define government employees. No political arrangement or interlocal agreement can change that.

“Now that the law has been clarified, the dues skim must end,” he added.

The arrangement that allowed the SEIU to skim from Medicaid payments to some of the state’s most vulnerable residents was concocted during the administration of Gov. Jennifer Granholm. An interlocal agreement between DCH and the Tri-County Aging Consortium allowed for the creation of the Michigan Quality Community Care Council, which served as the “employer” for what were really self-employed independent contractors or, overwhelmingly, family members caring for loved ones. 

Despite the fact that there was no real employer with whom to engage in collective bargaining, the SEIU conducted a union representation vote in 2007. Out of the 44,000 home health care providers in Michigan at the time, only 7,900 voted; 6,900 cast ballots for the union. Although many providers were unaware that a vote was taking place, they nonetheless were forced into the union.

Government-sector unions recently proposed a constitutional amendment to circumvent this legislative fix and restore the flow of the so-called dues. Wright noted that if passed, this proposed amendment would violate the U.S. Constitution since private employee unionization is purely a matter of federal law.

This is the third time in 14 months that an illegal unionization arrangement has been brought to an end. On March 1, 2011, Gov. Snyder issued an executive order ending the illegal dues confiscation affecting tens of thousands of home-based day care providers who had been forced into a government-employee union through a similar scheme. The Mackinac Center Legal Foundation fought an 18-month court battle on behalf of day care owners.

On March 13, Gov. Snyder signed into law a bill clarifying that graduate student research assistants are not government employees subject to forced unionization. The MCLF represented more than 370 such students from the University of Michigan who objected to the illegal unionization effort.

“Government-sector unions are clearly trying to expand the definition of government employees in order to grow their membership and direct taxpayer money into their coffers,” said Wright. “If business owners, the self-employed, family members and students can be roped into such schemes, then grocers, doctors, landlords and anyone else who receives a direct or indirect payment from the government can’t be far behind.”

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Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

News Story

25 Reforms in 2011

Last year saw passage of a number of free-market measures that will help Michigan’s economic recovery, eliminate ineffective government policies and benefit taxpayers. Mackinac Center Senior Legislative Analyst Jack McHugh compiled the 25 top reforms for the year, starting off with the simplification of Michigan’s business tax and the balancing of the state budget.

1. Business taxes cut. For the first time in many decades Michigan has a business tax system that takes much less, is much less burdensome in compliance and doesn’t tax firms even when they lose money. According to the Tax Foundation, we’ve gone from the second worst to the seventh best corporate tax. Next up: Eliminating personal property taxes imposed on business tools and equipment.

2. Budget balanced. Much more important than getting it done quickly was the fact that it was done with none of the accounting gimmicks from recent years — bipartisan gimmicks — that in the private sector would trigger fraud charges.

3. “Best Practices” in budgets. Gov. Snyder’s innovative use of best practice “carrots and sticks” in the local government revenue sharing, K-12 schools and higher education budgets is already starting to change the culture in these institutions (more on each below).

4. Charter school cap eliminated. An artificial cap of 150 on the number of charter schools authorized by state universities (the means by which most charters are created) has been eliminated. How far we’ve come since 2003, when a Michigan governor said “No thanks” to a philanthropist who wanted to give $200 million to create Detroit charter high schools with a “90 percent graduation rate guarantee.”

5. MEGA special corporate tax deals eliminated. That’s the good news. The bad news: corporate welfare handouts will still go on, but on a much smaller scale, and with more accountability. Still, this is real progress toward a genuine free-market economy where the government provides a fair field with no favors instead of “picking winners and losers.”

6. Emergency manager law strengthened. Collective bargaining agreements that “gave away the store” to government employee unions are the primary culprit driving many cities and school districts into virtual bankruptcy. Under the new law, these budget-busting agreements can now be shredded by emergency managers appointed to correct the fiscal malpractice.

7. Government employment benefits in balance. Mackinac Center research shows that government and school employees annually in this state collect benefits worth $5.7 billion more than private-sector averages. A new law requiring greater employee health benefit copays may eventually knock a billion dollars off that burden.

8. K-12 spending restrained. Restrained a little bit, anyway. Still, employee health benefits reform and school district “best-practices” incentives in the budget portend better news in the future. Next on the to-do list: School employee retirement benefits reform.

9. University tuition hikes curbed. Those “best-practice” carrots-and-sticks at work again: The budget provided no increased funding “carrots” to universities that hiked tuition more than 7.1 percent, and it (mostly) worked. (Yes, that’s triple the inflation rate, but in higher education this is considered progress.)

10. Teacher tenure reform. No more “rubber rooms” and “dance of the lemons” for ineffective teachers because they’re too hard to fire. No more laying off effective, newer ones ahead of more high-seniority teachers. Fingers-crossed on this: A lot depends on how much the school establishment and unions are able to “game” new definitions of “effective” and “ineffective” teachers, but the pieces are in place for this to be real reform.

11. Welfare limited. Truck-sized loopholes were eliminated from a four-year cap on cash benefits.

12. Unemployment benefits limited. Sustained high unemployment rates, plus unemployment benefits sweetened by a previous (Republican) governor and Legislature, led to a $3.3 billion debt to the federal government that threatened to crush state employers, on whom the burden ultimately falls. A new law that trims state benefits from 26 to 20 weeks will make a huge difference in that.

13. Revenue sharing tied to fiscal discipline. Local governments are more prudent and frugal when they must rely on their own local tax revenue, rather than “free money” from a Santa Claus state. Some of that “free money” is mandated by the Constitution, but Gov. Snyder made the rest contingent on adopting “best practices” that include employee health benefit and pension reforms, more competitive bidding of non-core services, consolidating services and increasing transparency.

14. Regulatory permits modestly improved. There may be a bit more “adult supervision” at the Department of Environmental Quality, and laws were passed requiring periodic review and “benchmarking” of regulations, regulatory “impact statements,” and more. However, additional work is needed here to make Michigan truly competitive.

15. Worker’s compensation streamlined. There’s universal consensus that employees injured on the job deserve compensation, but avoiding abuses in the workers comp insurance system is an ongoing “devil in details” challenge. A new law corrects many of those devilish details —a very big deal to current and prospective job providers.

16. Project labor agreements banned. A gift to labor bosses from too-cozy-with-unions city and school officials, PLAs mandate above-market wages on construction projects. Not anymore: The practice is prohibited under a new law. About time.

17. Item pricing law gone. Repeal of this state’s absurdly obsolete “item pricing” law will save retailers millions of dollars wasted placing stickers on every item. That’s good for everyone.

18. Automatic raises for teachers banned when union contract expires without replacement. Within weeks of enactment, school district labor negotiators told attendees at a Mackinac Center forum that this new law had already created a rush by unions to settle contracts, and on terms much more favorable to taxpayers.

19. Minimum staffing requirements banned in government union contracts. Another little gift from municipal officials to government employee unions, it suggested confusion over whether taxpayers or union bosses deserve their loyalty. This new law clears things up.

20. No more dues for the illegal day care and home health care union. The “stealth unionization” of independent contractor day care providers and the home health care "dues skim" are over. The latter "skim" resulted in $7 million annually being funneled from mom-and-pop home health care providers to the SEIU (parent of ACORN).

21. Post-retirement state employee health benefits reformed.Critically important and long overdue reforms of these optionalbenefits were adopted, plus requiring state employees to contribute more toward their benefits. This will save taxpayers billions of dollars in the coming years. Still undone are comparable reforms for school employees, which will save tens of billions — once the Legislature summons the will to challenge the state’s largest government employee union, the MEA.

22. School board elections moved to November in even-numbered years. Another step away from union-dominated “stealth school elections.”

23. “Bad driver tax” trimmed. Enacted in 2003 as a cruel way to avoid government spending cuts, these draconian penalties have wrecked the lives of many low-income workers who can’t afford to pay them. Unfortunately, the revenue they generate is addictive to state spending interests, which means even a minor reform is worth celebrating.

24. School union “prohibited subjects of bargaining.”  If we’re going to have government and school employee unions (not a given), they should at least be limited to bargaining over compensation. Seven additional items were taken off the table for school unions to quibble over: teacher evaluations and placements, layoff decisions, classroom observations, employee discipline/discharge, merit pay programs and notification to parents about teacher performance.

25. Redundant/unnecessary regulations eliminated. A “sword of Damocles” over the heads of job providers disappeared with enactment of a ban on administratively imposed workplace “ergonomics” regulations. Widely available “consumer fireworks,” including firecrackers and bottle rockets, will now be legal and taxed here instead of another state. A woefully obsolete, comprehensive regulatory regime on landline telephones was updated and streamlined.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.