From The Union News: By signing Executive Order 2007-23S, Gov. Ted Strickland brought forth a new collective-bargaining group in Ohio. Can he really do that? Republican lawmakers question whether it's legal for the governor to give independent home health-care workers the option of forming a union that would be recognized by the state. "What he has done, despite all the fancy footwork, is to attempt to authorize by executive order a union of business owners," said Rep. Bill Seitz, a Cincinnati Republican and lawyer.
Can Ohio Gov. decree a management union?
By tekrat - Posted on July 19th, 2007
Moving backwards...Unions are losing relevance everyday but Ohio politicians are fighting the tide to all of our detriment.
Matt Holdridge
The Toledo Tattler
OMG, how dare the gov try to set up a union for people who make $7 an hour! Shame on him, they might want a raise. Heaven forbid they ask for $7.25, the home health agencies just might go bankrupt!
...the issue isn't a 'union' per se. The actual question is whether or not the state can 'recognize' and 'bargain with' a union organization that represents independent contractors for government services.
These individuals seeking unionization are not employees of the state. That's the difference. Most of them are independent contractors, though some are actually corporations. They are employed by the private citizen, but some of their pay comes through the state Medicaid/Medicare fund or other fund. The privant citizen controls the decision to hire or fire them - not the state.
For an example, the equivalent comparison would be to have the governor 'recognize' the National Electrical Contractors Association as the 'sole bargaining agent' on behalf of all electrical contractors in the state. Or pick any association of businesses...
There is a way for these contractors (whether a corporation or LLC or partnership or whatever) to affect the changes they'd like - that would be to form an association and then lobby. This is what other industries do - and it wouldn't necessitate the legal ranglings that are sure to arise from the Governor's order.
complete text of the executive order is available here:
http://campaignsandelections.com/oh/releases/index.cfm?ID=2129
....from the link provided above:
"In addition to the independent home health care providers defined in the executive order, Strickland intends to sign a similar order in the future establishing collective bargaining rights for child care providers."
I'm wondering how you 'unionize' the company? Many child care providers are corporations with multiple employees. Since he's not talking about those specific employees forming a union to bargain with their employer (the private day care owner)...Is it likely that his 'unionization' order will only apply to individuals and not companies?
Maggie, please don't stop posting...you add context guided by experience to these conversations. Most of us aren't able to make heads-or-tails out of what's in the news and you break-it down really well for the layman.
Matt Holdridge
The Toledo Tattler
They're not losing relevance, just currently losing battles to failed conservative free market fundamentalist global economic policies.
http://nookularoption.blogspot.com/
...according to the executive order, this union doesn't apply to employees of private agencies...
"For the purposes of this Order, IHCPs are defined as those providers of ongoing Medicaid reimbursed direct care services that are paid for through a Medicaid waiver program in the State of Ohio and not employed by a private agency."
thanks...
Union membership is at a 50 year low. Most of whose members are located in the rust belt areas which are losing people at alarming rates.
I don't think their losing relevance. The population declines show that their relevence is still there just less people are buying into it.
MikeyA