In an opinion letter to Rep. Paul Opsommer (R-DeWitt) Attorney General Bill Schuette determined the state has no authority to collect dues from home health workers, and the practice must stop. Public Act 76 (SB 1018) signed earlier this year by Governor Snyder removes any authority for the state to collect the dues. (The state had been collecting union dues from Medicaid fees paid to home health workers.)
In 2005, an election was held under the provisions of the state’s Public Employees Relations Act and the SEIU was chosen to represent the workers. Mr. Schuette’s Chief Legal Counsel, Richard Bandstra believes this election was “unlawful” because the workers were selected by the people they assist, not a governmental agency.
According to Mr. Bandstra, PA 76 makes it very clear the 2005 election was invalid and void because the workers are not public workers, regardless for the terms of any other agreements that allowed for that election.
Rep. Opsommer said he requested the AG Opinion because there has been so much confusion since PA 76 took effect and the state has actually diverted some $30 million from the people it was suppose to be helping.
It is likely the SEIU will be pursuing a lawsuit to challenge the law.