News Story

Forced Unionization Campaign Pretending 31-Year-Old Program Doesn't Exist

Proponents of the "Keep Home Care Safe" proposal are trying to sell it to voters by claiming it would create a program that's been in existence for more than 30 years.

In reality, the measure would lock the forced unionization of home health care workers in the State Constitution if Michigan voters approve it on Nov. 6. 

Of course the real reason doesn't sell as well with voters so the Service Employees International Union and its supporters are pushing the idea of safety instead. Only the protections they're talking about have existed in a federal program since 1981.

To get a sense of how long the federal program has been in existence consider that 1981 was the year Ronald Reagan was sworn in for his first term as president and 52 Americans were released from the U.S. Embassy in Iran where they'd been held hostage for 444 days.

Disco, known as "music to dance to while looking in the mirror," was officially declared dead; the movie "Raiders of the Lost Ark" was a big hit at the box office; Muddy Waters was the coach of the Michigan State football team; and the University of Michigan football team went 9-3, including a win in Bluebonnet Bowl.

That same year, the Home Help Program was started. Under that program, the elderly and others with disabilities have the option of being cared for at home instead of being sent to nursing homes. For 31 years, the Home Help Program has provided Medicaid money to subsidize this type of home care.

Yet, the union backed ballot proposal supporters keep saying the constitution should be changed to give people this option that already exists.

Under the banner, "Give Seniors and Persons with Disabilities a Choice ... and a Voice" is the following statement from one of the campaign's websites:

"Senior and disability rights groups across Michigan are working to put a proposal on the November ballot that would give all Michiganders — including seniors and persons with disabilities — the choice to direct their own care in their own homes, instead of forcing them into expensive nursing homes or institutions."

The "Keep Home Care Safe" proposal doesn't just use deception, it is based on deception, said Ari Adler, spokesman for House Speaker Jase Bolger, R-Marshall.

"This is another union-backed ballot proposal made to look like it would be helping taxpayers, when in reality it just strengthens union bosses in this state," Adler said

In 1997, after the Home Help Program had been around for 16 years, the responsibility for operating it in Michigan was divided between the Department of Human Services and the Department of Community Health. In the years before 1997 it had been in the hands of DHS alone.

In 2005, the SEIU targeted the Home Help Program Medicaid checks as a potential money source when it began an effort to quietly unionize workers in Michigan. The union has since taken more than $31 million from the disabled and elderly as a result of the forced unionization.

The "Keep Home Care Safe" campaign also is attempting to stake claim to the idea that the proposal would establish a registry to do background checks of so-called home health care workers. What the proposal backers don't want voters to know is that a registry was created along with the unionization back in 2005.

This registry was remarkable for the extent to which it under-performed. In six years, the registry managed to garner only 933 names despite there being more than 44,000 who were unionized in the scheme.

One of the most likely reasons for the poor use of the registry is that roughly 75 percent of Home Help Program participants are relatives or friends taking care of loved ones.

In an effort to end the forced unionization, the legislature in 2011 defunded the dummy employer that ran the registry. However, the SEIU gave the dummy employer money to keep it going. This year, legislation was passed and signed into law to outlaw the forced unionization. That's why the SEIU is trying to lock it into the constitution.

"It is unfortunate that family members caring for their loved ones continue to have union dues deducted from their Medicaid payments," said Sen. Dave Hildenbrand, R-Lowell, the sponsor of Senate Bill 1018, which would eventually end the forced unionization if the "Keep Home Care Safe" proposal is defeated. "Throughout our discussions on the issue of  Home Help worker unionization in the Michigan Legislature, it became quite clear that these individuals are not public employees of the state.

"The state even produced informational brochures stating that these workers are employed by the individual they are providing care to (a private citizen) and not the state," Sen. Hildenbrand said. "This unionization was a crafty arrangement to build union coffers and take limited money from individuals who are providing home care services. I am confident the people of the state of Michigan will see through this and vote 'no' on this proposal."

Dohn Hoyle, treasurer and co-chairman of the "Keep Home Care Safe" ballot measure has not returned requests for comment.

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Coverage of the Unionization of Home-Based Caregivers

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.

Commentary

SEIU Ballot Language Disconnected From Reality

The director of elections for the state of Michigan has released the wording for most of the proposals expected to be on the ballot in November. The proposed constitutional amendment relating to home-based caregivers shows how groups can push innocuous-sounding language to do something extremely damaging.

Let’s go through it line-by-line.

A PROPOSAL TO AMEND THE STATE CONSTITUTION TO ESTABLISH THE MICHIGAN QUALITY HOME CARE COUNCIL AND PROVIDE COLLECTIVE BARGAINING FOR IN-HOME CARE WORKERS

This proposal would:

Allow in-home care workers to bargain collectively with the Michigan Quality Home Care Council (MQHCC). Continue the current exclusive representative of in-home care workers until modified in accordance with labor laws.

This is the key part of the proposal. The "exclusive representative" is the SEIU. “Allow” does not mean home health care workers can choose whether or not to band together and lobby the state. “Allow” means some segment can decide to force all of the 60,000 or so home health care workers to pay dues to the SEIU, which can spend the money lobbying or on other activities — even if those other providers do not want to join the union. The word “allow” can be changed to “force” and the meaning of this part of the proposal stays the same. 

Require MQHCC to provide training for in-home care workers, create a registry of workers who pass background checks, and provide financial services to patients to manage the cost of in-home care.

This entity (MQC3) already exists, the training is already happening, the registry can be found online and patients already receive financial help to hire caregivers.

Preserve patients’ rights to hire in-home care workers who are not referred from the MQHCC registry who are bargaining unit members.

Patients can already hire any of the workers who are not on the MQCCC registry. There are tens of thousands of home health care workers in the state with an estimated 75 percent taking care of family or close friends. Only 933 people are on the current registry.

Authorize the MQHCC to set minimum compensation standards and terms and conditions of employment.
Should this proposal be approved?
YES ____
NO ____

The state has never considered these types of workers to be state employees. In fact, the legislature passed and the governor signed a new law explicitly stating that these private contractors are not state employees.

Home health care workers are hired by the people for whom they provide services, not for the MQHCC or the state. In the paperwork it provides to the people they train, the MQC3 says, "We are not your employer. The Consumer is your employer."

This proposal is a radical departure from what the state usually considers to be government employees. By this logic, doctors in Michigan would be state employees for receiving Medicare and Medicaid money. Grocery store owners would be state employees for accepting food stamps. Day care owners would be state employees for looking after low-income children (actually that scheme was already tried).

In sum, this ballot initiative speaks mostly about several things totally uncontroversial that already exist so that one section with harmless-sounding language can be slipped in. This would allow for the continued skimming of tens of millions of dollars from caregivers to the SEIU, which to date has taken more than $31 million from workers.

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.