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State Senator Chris Gerlach

District 37
120 Capitol
75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155-1606
Telephone (651) 296-4120
sen.chris.gerlach@senate.mn
Minnesota Senate

Republican Caucus
121 Capitol
75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155-1606
Telephone (651) 296-2577
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mnsrc@senate.mn
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Date:December 6, 2011
Contact Name:Sandra Whalen
Contact Phone:651-296-5238
For Immediate Release
SENATOR PRAISES JUDGES OPINION ON CHILD CARE UNIONIZATION VOTE

(St. Paul) – Senator Chris Gerlach (R-Apple Valley) praised the decision of a Ramsey County judge Monday blocking Gov. Mark Dayton’s order for a partial state child care unionization vote that was set to start this week.

Gerlach and state Senate Republicans filed a court brief last week supporting the lawsuit of 11 childcare providers against the Dayton administration, saying the Governor’s action to call a union vote for in-home child care businesses was “unprecedented and lawless, exceeding his scope of constitutional and statutory authority and usurping legislative power.’’

Judge Dale Lindman did not take a position on unionization, but said the decision should go through the legislative process rather than be the subject of an executive order, and expressed concern that less than half of the state's 11,000 in-home child care workers were eligible to vote in the election. The next hearing is scheduled for January 17 where he will hear more in-depth arguments.

“Gov. Dayton’s order raised many questions and concerns, both about the legality of the vote and the possible effect on the more than half of providers ‘ineligible’ to vote,” Gerlach said. “The judge’s decision is very encouraging, and I hope it allows more light this important matter.”

Dayton’s executive order called for a union vote among only state-subsidized in-home childcare facilities. More than 6,700 providers were deemed ineligible to vote, but questions remained whether they would be required to pay “fair-share” dues or be affected by subsidy rates and policies bargained between the union and the state. Dayton did not allow his administration officials to attend and answer questions at a Senate hearing earlier this month.

“I agree with Judge Lindman that this is an issue for the Legislature, which should hold full hearings for the public record,” Gerlach said. “Childcare providers are a unique business, and the majority of feedback I have heard is that further state interference will only hurt their bonds with their family clients and the children they care for.”

Gerlach is the chairman of the Senate Commerce & Consumer Protection Committee and assistant majority leader. He represents Apple Valley, Rosemount and eastern Burnsville.

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