Final Decisions on Personal Care Assistant Case Awaited

We are now awaiting two key decisions regarding the unionization of Minnesota Personal Care Assistants (PCAs).

The first is from the Minnesota Court of Appeals on our appeal of the dismissal by the Minnesota Bureau of Mediation Services (BMS) of our 2017 decertification election petition.  The second decision is by the BMS on our 2018 petition seeking a new vote by the PCAs on whether or not to unionize. This latest petition was submitted with more than 13,000 election requests from PCAs.

We expect that the BMS will confirm that they are dismissing our petition again, just as they did before. However, after the oral argument on December 13, 2018 at the Court of Appeals, we are very hopeful that the Court will reverse the BMS and direct them to take steps to grant us our PCA election.

Meanwhile, we are opposing the State’s appeal of Ramsey County District Court Judge Awsumb’s decision in our favor on getting the PCA lists and awarding us attorneys’ fees against the State, for a third path to victory.

MNPCA is an organization of PCAs representing those seeking to revisit the original union certification. They have been joined in this effort by the Center of the American Experiment (CAE); the Center for Independent Employees (CIE); the Americans for Lawful Unionism (ALU); the Center for Worker Freedom (CWF); and the Americans for Tax Reform (ATR). They are also working hard on behalf of the proposed new federal rule against any union dues deductions from PCA Medicaid stipends and are supporting fellow PCA Terri Bierman in her appeal to the U.S. Supreme Court to prohibit the required representation of all MNPCAs by the SEIU, even when they are not SEIU members.

Lastly, the new Walz Administration has also appointed new Commissioners over the BMS and over the Department of Human Services, which we hope may bring a change of direction in those agencies on our election.

Thanks for your patience and support, many of you since 2013, or even 2011 (when we defeated childcare unionization in court and then finally in their 2014 election)!

As you know, the PCAs are not being charged anything for the work on this court and agency litigation and the related petition work, mailings, and document compilation. All our efforts are volunteer and donor-supported and one-half of our legal costs are donated. If you can help with the costs, please send a check to ALU at P.O. Box 390146, Edina, MN 55439. Your donations to this 501(c)(3) organization are tax deductible and very much appreciated.

We will update you in mid to late February on the PCA fight. We will prevail, just as the childcare providers did!