I am pleased to let you know a temporary restraining order was issued by Ramsey County Judge Dale Lindman yesterday, December 5th, to temporarily halt Governor Dayton’s Executive Order 11-31 calling for an election to unionize childcare providers. The temporary restraining order means the election process scheduled to begin tomorrow, December 7th, will not take place in December. The court will re-evaluate the issue at another hearing scheduled for January 16, 2012.
Judge Lindman, at least in part, agreed with the plaintiffs who argued Governor Dayton exceeded his executive branch authority when he ordered an unionization election. Judge Lindman stated the decision to hold an election should go through the legislative process, rather than be by executive order. Additionally, Judge Lindman was concerned that less than half of Minnesota’s in-home childcare providers were eligible to vote in the election.
Though only temporarily, this is a victory, not only for private, in-home childcare providers, but also for all Minnesota small-business owners who oppose unions and bureaucracy imposed upon them.