Bolger v. Michigan Employment Relations Commission (MERC)
The Mackinac Center Legal Foundation represents James “Jase” Bolger in a lawsuit challenging Michigan’s designation of home caregivers as state employees for union representation.
The Mackinac Center Legal Foundation represents James “Jase” Bolger in a lawsuit challenging Michigan’s designation of home caregivers as state employees for union representation. Filed Oct. 7, 2026, the lawsuit seeks to invalidate the election that certified SEIU Healthcare Michigan as their bargaining representative.
Two laws enacted in 2024 classify home caregivers — often friends or family members caring for loved ones — as employees of the Michigan Department of Health and Human Services solely for collective bargaining purposes. The union cannot negotiate caregivers’ wages or working conditions, but it can collect dues from those who join and advocate for increased caregiver payments.
The suit argues that lawmakers cannot designate caregivers as state employees while bypassing the Michigan Civil Service Commission’s constitutional authority over state employment.
Bolger, a former member of the commission, brings the lawsuit as a citizen. The Michigan Constitution allows any citizen to sue to enforce its civil service provisions.
The Legal Foundation previously challenged the arrangement on behalf of caregivers Tammy Martin and Dick Sullivan. That lawsuit sought to prevent the union election but ended after the passing of Sullivan and Martin’s son. The case was dismissed without a ruling on the constitutional claims.
The Michigan Employment Relations Commission certified the election on Oct. 9, 2025. The new lawsuit seeks to invalidate it. The Department of Health and Human Services is now a defendant because certification triggered its collective bargaining responsibilities.
The case continues the Legal Foundation’s work defending home caregivers from unwanted union representation and efforts to divert caregiver payments into union dues.
