This booklet contains the Mackinac Center Legal Foundation’s final legal filing in a nationally known case involving the illegal unionization of Michigan’s home-based day care business owners and providers as government employees. Wright argued the case in the Michigan courts on behalf of Sherry Loar, Michelle Berry and Paulette Silverson, who each own home-based day care businesses.
The Mackinac Center Legal Foundation sued to end the DHS' illegal diversion of so-called "union dues" from state subsidy checks received by home-based day care providers who watch children from low-income families. The "dues" were funneled to a government-employee union that purports to represent more than 40,000 of Michigan's home-based day care providers, who are actually private business owners and independent contractors.
The case was ruled moot by the Michigan Supreme Court after the DHS ceased to collect the dues and the DHS director stated that these home-based day care providers are not public employees.
For policymakers and voters serious about restoring freedom and economic vitality in the Great Lakes State, the Mackinac Center presents the following 101 recommendations.
The U.S. Supreme Court’s ruling in South Dakota v. Wayfair last June overturned decades of precedent governing which businesses states could subject to collection and remittance requirements for sales taxes. This report offers guidance on how Michigan should modify its tax laws to implement these new taxation standards. It raises important questions that lawmakers should consider before subjecting new businesses and entrepreneurs to new tax collection requirements.
This report provides a survey of existing workforce development efforts in Michigan, both public and private. It includes a review of career and technical education provided by K-12 school districts, occupational training programs provided through community colleges, as well as job training offered by for-profit entities, unions, industry associations and private, nonprofit organizations. After reviewing these current programs, the report offers general skepticism about the ability of the state to provide the type of workforce development that many politicians claim is needed.
Privatization of support services has been a method that Michigan school districts have used for several years to lower costs. More than ever before, Michigan school districts are privatizing the three main support services they offer — food, custodial and transportation. Our annual survey finds that 48.8 percent of Michigan school districts are contracting out for these services. This is an 8 percent increase over 2009.
The largest impetus for contracting is cost savings. The survey found that first-year contracts alone are expected to save districts $16.7 million cumulatively.
Just what constitutes a public record? Are documents created by a public official on a public computer system “public records” under Michigan's Freedom of Information Act? In this "friend of the court" brief, Mackinac Senior Legal Analyst Patrick J. Wright argues the answer is “yes” and warns that a failure to readily disclose such documents would seriously undermine FOIA's value.
