NFIB/MI Applauds SCOTUS on Forced Unionization

Date: June 30, 2014

(June 30, 2014)

The US Supreme Court today ruled that states cannot force home care providers
to join labor unions in a decision that the National Federation of
Independent Business (NFIB)
called a major victory for small business and a
validation of the Michigan Legislature’s decision to reverse a similar scheme.


“If the state
can force home health care workers to join unions or pay union dues simply
because their clients received public subsidies, then it could eventually try
to coerce other types of businesses under the same pretense,” said NFIB
State Director Charlie Owens
.  “Former Governor Granholm concocted a
similar scheme in Michigan forcing home care providers into the Service
Employee International Union and allowing the union to skim more than $35
million dollars of taxpayer money intended for patients and their families.”


The U.S.
Supreme Court case, Harris v. Quinn, originated in Illinois and focused
on whether states can force non-union home care workers to join labor unions if
their clients receive public subsidies to purchase those services.  That’s
the basis on which Illinois Governor Pat Quinn issued an executive order in 2003
designating home care workers as “public employees” even though they work for
private sector businesses.  Several other states now have similar
laws in place but Michigan isn’t one of them. 


workers to join unions is fundamentally unfair under any circumstances,” said Owens
“But it is absolutely chilling that government can reclassify private sector
workers as government workers simply because public money is indirectly


The state
provides billions in subsidies to millions of residents under hundreds of
different programs. They use it to purchase goods and services from
private sector businesses of every variety and they’re all private transactions
between private citizens and private sector businesses.  Workers in those
businesses cannot be forced into unions because of where their customers get
their money.


“Only a
fraction of the private sector workforce in Michigan is unionized because
workers don’t want to join,” said Owens.  “These laws are a sneaky
way for labor unions, through their political allies, to force workers to
become union members who would not join voluntarily. The Supreme Court ruled
correctly in declaring these scams unconstitutional.”


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