AUGUSTA, Maine — The Maine Senate approved a bill Thursday that removes an exemption in state law allowing independent, in-home child care providers to unionize and bargain collectively.

The vote was mostly along party lines. Every Republican except Sen. Roger Katz of Augusta voted for the measure and independent Sen. Dick Woodbury of Yarmouth joined them. All 15 Democrats opposed.

It now goes to the House.

Sen. Chris Rector, R-Thomaston, said it was inexplicable that this exemption exists in the first place and said the bill corrects a problem that has existed for years.

Democrats argued that it was another case of Gov. Paul LePage’s administration attacking unions. LD 1894 was a governor’s bill.

“They wanted the ability to talk to the state as a group and the [exemption] allowed that to happen,” said Sen. Troy Jackson, D-Allagash, explaining the rationale for the exemption. “I know there are people who don’t like any ability to collectively bargain, but this actually helps the state to have one person [a union rep] to go to.”

The current law was put into place in 2007 to allow nearly 300 providers to unionize with the Maine State Employees Association. Those providers all receive subsidies from the Maine Department of Health and Human Services to help low-income families pay for child care.

Dan Billings, the governor’s chief counsel, said the bill was not about the subsidy rate, which is set by the Legislature; it’s about equity.

“This is the only group of service providers [with an exemption] that allows them to come together to bargain for subsidy rates,” Billings told members of the Legislature’s labor committee during a public hearing late last month.

The bill was supported by the National Federation of Independent Businesses but opposed by the MSEA, the union representing the independent providers, and the Maine Women’s Lobby.

“These small businesses are advocating for sensible child care policies and regulation, including legislation affecting the child care voucher system, and water and safety regulations,” said Chris Quint of the MSEA.

This same measure was included in LePage’s initial biennial budget that was proposed last year but was stripped early in the process amid opposition. The governor wanted to lower the subsidy rate last year as well but that didn’t fly.

Some questioned the timing of LD 1894’s introduction.

Last month, the Maine Labor Relations Board rejected several points contained in a complaint filed by the MSEA and against the LePage administration. However, the board also ruled that the matter should go to trial to determine whether the administration negotiated in bad faith and interfered with union workers’ rights.

That decision was the latest in a drawn-out battle between LePage and the state’s largest public employees union.

Follow BDN reporter Eric Russell on Twitter @BDNPolitics.

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18 Comments

  1. Can’t have a Union?  Then form an association to speak for you like the Maine Farm Bureau speaks for the farmers of Maine.

    1.  I agree completely with that. They don’t belong in a labor union because they are businesses rather than state employees.

    1. because unions are a cash laundering funnel to the Democrats.  Anywhere else you Libs would be screaming, but if a union is a monopoly employing extortionistic strategies, you are fine. 

  2. How can the GOP, any politicians, abrogate the Constitutionally guaranteed right to free assembly and free speech.  Funny but corporations and PACS have more rights than the working person in America.  This ties in nicely with todays other story about the GOP promise to “protect” the Constitution.  What outright lies!

    1. Unions fall under the same definitions and protections, didn’t know if you left that out accidentally or not?

      1. That is just my point.  Unions, rather the people who are IN unions, are being told that they cannot enjoy their right to free assembly and speech.  Collective bargaining, by definition, is simply people who form a group (assemble) to represent their opinion.  Now they are being denied that legal right.  I am not an expert in Constitutional law however when you read the First Amendment it clearly states this is an American citizens right.  It is unambiguous and yet this right is being taken away by our courts.  I might add that these courts are dominated by republican appointed judges.

    1. Because they demand a living wage.  Meanwhile everyone else gets exploited.  And if they aren’t being exploited it is because the employer pays wages competitive with union wages to keep the union out.

  3. The work of ALEC. ALEC  is so reprehensible that two members recently quit and kudos to them: Pepsi and Coca Cole.

    1. More join the ranks of the leaving everyday … Intuit just
      stepped away from the fold of corporatist traders.

    2. Kraft foods and others are leaving too. Lepage got money from Alec. If anyone wants to see how bad the GOP has gotten just go look into Michigan

  4. Chris Quint of the MSEA refers to them as “these small businesses”.  We should thank him for using the right words. They aren’t employees so they don’t belong in a labor union. They are vendors to DHHS same as medical providers, pharmacies, etc.

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