Published: October 08, 2007 11:59 am      

Child care providers fight unionization

CUMBERLAND - Though a decision is still pending on a lawsuit to block an executive order by Gov. Martin O'Malley to allow for the unionization of child care, local providers are waiting for the ruling they feel could influence their profession.

"Providers are sole proprietors, not employees of the state," Karen Anderson, president of the Allegany County Child Care Professionals Association and LaVale area provider, said. "We get our Purchase of Care checks. If (the Service Employees International Union) gets in, we will see union dues taken out of our checks before we get them."

The suit is arguing that the governor does not have the right to extend bargaining rights to people who are not employees of the state.

The current issue began when O'Malley signed an executive order (01.01.2007.14) on Aug. 6 that would recognize a union based upon the Purchase of Care Program (POC), a state subsidy program to provide lower income working parents with the funding for care for their children. Following that, on Sept. 20, the Maryland State Family Child Care Association and eight family child care providers filed a declaratory judgment in Cecil County Circuit Court against O'Malley and the state.

The issue, which has gone to courts twice since then, continues to be one of debate to determine if POC is enough to classify child care providers as part of the governor's jurisdiction to allow for unionization.

Should the union become the recognized representative for providers under POC, there are several concerns for those locally, as all POC participating providers would be paying union dues to the Service Employees International Union (SEIU).

"My understanding of the union is that they would automatically take out of our Purchase of Care vouchers as union dues," Sarecia Powers, child care provider in the Cresaptown area, said. "Having to pay what might be an astronomical amount of dues might make providers consider signing on families based upon being paid privately, where the provider gets everything they are being paid. You could have providers turning down Purchase of Care families, and they are the families that need it most. If they can't find care, it will have a domino effect."

Anderson said that as the due amount hasn't been established, there is no knowing how much of an impact on income this could have for providers.

However, it is the issue of receiving equal pay from POC that has led providers elsewhere in the state to join into SEIU.

Madie Green, child care provider and regional leader for the union in Prince George's County, said there have been inconsistencies in the amount paid for children in the program. There are those in her area who felt that the POC money was not distributed evenly, sometimes even within the same family, and the providers who are now entering the union didn't feel that their voice was being heard at the state level with the current child care association.

Green said that many felt that decisions were being made without considering the perspectives of all providers within the state, and added that there are hopes that the union would be able to work alongside existing groups like the state association to ensure the profession and the children's best interests are considered.

She said that for her, a union due was a small price for possible benefits such as that voice in decisions as well as classes at no cost to providers.

Powers, however, said she had never felt her voice was not heard with the existing state association, and that she felt they had been a constant presence in the legislature.

Another concern that both Powers and Anderson expressed was the fact that unlicensed providers would be given the same rights and voice in the union, as POC will provide the program to children in the care of what are termed "informal providers."

Powers said that there were worries that if the union becomes the voice of childcare in the legislature that unlicensed providers would be able to make decisions on the licensing process that they do not participate in.

However, Green said that she had no opposition to informal providers from being part of the union, as the state also provides them with POC money, and decisions would also be made on their behalf as part of the POC program.

While visiting Garrett County Friday afternoon, O'Malley continued his support of such a union.

"(Lt. Gov.) Anthony Brown and I are committed to strengthening and growing our middle class and family-owned businesses," O'Malley said. "We don't consider the right of men and women in any field to join together into a union to be the enemy of progress. No one should be forced to join a union, and at the same time, nobody should be prevented from forming or joining."

Sarah Moses can be reached at smoses@times-news.com.