Judges weigh cases challenging home-care union law

Source: Post Bulletin-AP

ST. PAUL — A new union that has already negotiated benefits and working conditions for thousands of Minnesota personal care attendants came under new pressure Wednesday as federal appeals judges heard a pair of cases aimed at disbanding the labor unit.

In back-to-back hearings on separate lawsuits with the same goal, two 8th U.S. Circuit Court of Appeals panels raised doubts about their power to overturn the union for home care workers assisting the disabled and elderly. Judges in both cases dwelled on the voluntary nature of the unions, where none of the covered workers is compelled to join or pay dues.

It marked a new chapter in a yearslong fight by union opponents, who were unsuccessful in stopping the labor unit at the Legislature or in a lower court. They argued the Service Employees International Union shouldn't have been allowed to organize 27,000 workers that aren't full-fledged public employees.

William Messenger, an attorney with the National Right To Work Legal Foundation, told judges that while care attendants are paid using public health care money that doesn't make them eligible for unionization.

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