For Immediate Release
Thursday, Dec. 9, 2010
Contact: Patrick Wright
Director, Mackinac Center Legal Foundation
Michael D. Jahr
Senior Director of Communications
Mackinac Center for Public Policy
MIDLAND — Patrick J. Wright,
director of the Mackinac Center Legal Foundation, late yesterday submitted an
appeal to the Michigan Supreme Court in the case of home-based day care
providers who found themselves members of a government employee union. Wright
asked the court to overturn the dismissal of Loar v. DHS
by the Michigan Court of Appeals.
“My clients are not
public employees,” said Wright. “If a court is going to hold that they are, the
governmental defendants actually need to present that argument and a court
needs to explain how private business owners can become unionized public
The public-interest law
firm brought suit against the Michigan Department of Human Services in
September 2009 on behalf of home-based day care providers who were illegally
forced into a government employees union and had dues withheld from state
subsidy payments provided to low-income families. The Michigan Court of Appeals
the case without explanation, but in September 2010 the Michigan Supreme Court unanimously remanded
the case to the Court of Appeals for an explanation. One week later, the Court
of Appeals entered a second terse
dismissal that did not address the case’s central issues.
This second order is the one that is being appealed.
At least 40,000
home-based business owners and more than $4 million were affected by the
DHS/union effort to designate the providers as government workers for
unionization and dues-collecting purposes. The MCLF is suing to prevent the DHS
from collecting dues from the providers.