(The Center Square) – Two bills awaiting Gov. Gretchen Whitmer’s signature would unionize the home caregiver field in Michigan by creating a replica of a state council that voters overwhelmingly repealed in 2012.
Senate bills 790 and 791 would create the Home Help Caregiving Council, which would classify home caregivers as employees of the state rather than employees of the person they care for. This would allow the Service Employees International Union to collect dues out of caregivers’ Medicaid subsidies for the purposes of collective bargaining.
The bills would also require new caregivers to attend an orientation session with a SEIU representative. But representatives would not be required to inform caregivers of their right to opt out of the union, per the U.S. Supreme Court’s 2018 decision in Janus v. AFSCME protecting public employees from joining a union or paying forced union dues.
Whitmer has pledged to sign the bills into law, which would affect more than 30,000 home caregivers, mostly family members or friends caring for loved ones, across the state.
“Thanks to my partners in the Michigan Legislature, we will finally restore the right of more than 30,000 independent provider home health care workers to collectively bargain for better pay and benefits and start to build out the caregiving infrastructure we need to help Michigan families and care for our neighbors who need day-to-day support,” Whitmer said. “I am grateful for the passage of these bills and look forward to reviewing and signing them soon.”
The previous state caregiver council, Michigan Quality Community Care Council, skimmed more than $34 million in dues from home healthcare providers’ paychecks. It was dismantled in 2013 after legislative funding ran out and voters rejected a ballot proposal that would have included the council in the state’s constitution.
The American Association of Retired Persons urged the legislature in September to amend the bills to exempt individual family caregivers, saying the legislation could lead to a loss of income for thousands of family caregivers in the state.
“SB 790 would unnecessarily complicate a process that is already challenging for individuals trying to manage their loved ones’ long-term care needs,” AARP State Director Paula D. Cunningham testified to the legislature. “Additionally, the promise of higher wages, with no identifiable, continuous funding stream could mean loss of income for the individual family caregiver.”
The AARP argued the legislation is too vague about how the new council would work with the state, is unclear on how, or if, existing consumer protections will be modified, reduces flexibility for both the caregiver and recipient, and puts an undue burden on family caregivers who choose to opt out of the union but must still pay dues.
“At the very least, we’d ask that individual family caregivers who choose to opt out of the union, not be required to pay a fee,” Cunningham said.
But the Senate majority voted against an amendment that would have implemented the AARP’s requested changes, and both SB 790 and 791 passed along party lines.
“These bills complicate a process that is already a stressful endeavor for many Michigan families who are looking out for their loved ones,” Rep. Jay DeBoyer, R-Clay Township, said in a statement following the passage. “Now we’re going to potentially put in changes that will force workers to join and pay into a union, which could impact family members who provide care for their relatives and will lead to some professionals leaving the industry entirely and creating an even larger care shortage. This is just bad policy.”
