Two health care associations and people who receive and
provide in-home aid have sued Gov. Tom Wolf over an executive order they say
paves the way for unionized caregivers in Pennsylvania.
The challenges filed in Commonwealth Court this week take
issue with a February executive order allowing direct care workers paid through
state programs to recognize a representative who will then meet with state
officials to discuss issues such as compensation and training.
"This is a very defined process for creating,
effectively, a union," said James Kutz, a lawyer with Post & Schell
representing the Pennsylvania Homecare Association, United Cerebral Palsy of
Pennsylvania, two home care clients and one home care worker.
State labor law prohibits domestic service workers from
collective bargaining and unionizing. Opponents say the executive order is an
attempt to go around the Legislature to change that.
Kutz's group filed suit on Monday, while a second group,
the Fairness Center, sued on behalf of another home care client and his direct
care provider. The Fairness Center also asked for an immediate block on the
executive order.
The administration maintains that the executive order is
simply part of Wolf's broader plans to improve home-based care. Paying for
in-home caregivers is less expensive to the state than institutional care.
"It doesn't allow them to organize," said Wolf
spokesman Jeff Sheridan. "It allows them to have a voice."
Both suits point to a similar order issued in 2010 by
former Gov. Ed Rendell. The order was withdrawn when a state judge struck it
down.
"We should expect the same result here," said
David Osborne, the Fairness Center's top lawyer.
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