2010 House Bill 6195

Authorize unionization of home personal assistance providers

Introduced in the House

May 19, 2010

Introduced by Rep. Bert Johnson (D-5)

To codify in statute a scheme begun in 2004 by which the state has unionized 42,000 individuals hired by elderly or disabled Medicaid recipients to provide personal care services in their homes. These providers are not employees of the state, so the scheme uses the legal device of creating a shell government “employer” (the “Michigan Quality Community Care Council”) that transfers some $6.6 million in Medicaid money annually to the SEIU union (considered the “union dues” for these workers). Note: A "<a href="http://coa.courts.mi.gov/resources/asp/viewdocket.asp?casenumber=294087&inqtype=public&yr=0&yr=0&SubmitBtn=Search">stealth unionization</a>" lawsuit filed by the Mackinac Center is pending regarding a similar arrangement imposed on home day care providers.

Referred to the Committee on Regulatory Reform

May 26, 2010

Reported without amendment

Without amendment and with the recommendation that the bill pass.

July 1, 2010

Amendment offered by Rep. John Walsh (R-19)

To exempt information contained in a registry of caregivers the bill would create from disclosure under the Freedom of Information Act.

The amendment passed by voice vote

Amendment offered by Rep. Jim Stamas (R-98)

To establish that the wages of care providers who belong to the union would be 1.9 percent higher than those who choose to opt out of the union.

The amendment failed by voice vote

Amendment offered by Rep. Jim Stamas (R-98)

To sunset the law the bill would create on Dec. 31, 2012.

The amendment failed by voice vote

Passed in the House 66 to 41 (details)

To codify in statute a scheme begun in 2004 by which the state has unionized 42,000 individuals hired by elderly or disabled Medicaid recipients to provide personal care services in their homes. These providers are not employees of the state, so the scheme uses the legal device of creating a shell government “employer” (the “Michigan Quality Community Care Council”) that transfers some $6.6 million in Medicaid money annually to the SEIU union (considered the “union dues” for these workers). Note: A "<a href="http://coa.courts.mi.gov/resources/asp/viewdocket.asp?casenumber=294087&inqtype=public&yr=0&yr=0&SubmitBtn=Search">stealth unionization</a>" lawsuit filed by the Mackinac Center is pending regarding a similar arrangement imposed on home day care providers.

Received in the Senate

July 21, 2010

Referred to the Committee on Senior Citizens and Veterans Affairs