Gov. Dannel Malloy’s Executive Orders 9 and 10 which provide for, or require, unionization of home health care aides and family daycare providers, even those working independently, has moved forward with establishment of two “working groups” to begin reviewing the order.
Executive Order 10 calls for establishing a Personal Care Attendant Quality Home Care Workforce Council to create a system of documentation of “approved” home health care aides, and unionization of those aides. Critics of the order say it circumvents the state legislature which refused to pass a bill in this year’s session that would have done the same thing.
Among those are state Sen. Joseph Markley R-Southington, who has launched sustained opposition to the order with Rep. Rob Sampson, R-Southington. This week the two lawmakers called on the governor to “recast” the working groups to give the disabled a voice on the panels.
Markley and Sampson say the current “working groups,” do not have members who represent the people affected most – personal care attendants (PCA) and family daycare providers.
In fact, advocates for the disabled crashed the first meeting of the working groups Friday, according to the CT News Junkie website.
“The working groups are stacked in the administration’s favor. The fix is in,” Markley said. “They want to pave the way for unionization of day care workers and personal care attendants and the panels reflect that; there are union consultants, and a deputy commissioner of the Department of Labor chairs both working groups.
“Deeply concerning is the PCA working group. Where is the voice of the disabled community on that list?” Markley added.
Ron Winter
According to a press statement from Markley and Samson, Malloy signed Executive Orders 9 and 10 creating the working groups in mid-September, and three months later – and only after the two legislators wrote to the Governor, both groups have quietly been chosen.
According to the press statement, “An informational forum held last month by Markley and Sampson revealed those who would be affected directly by the executive orders have been dismissed by the administration.”
“We heard from disabled residents who hire personal care attendants to help them with everyday tasks, from bathing to grocery shopping. They worry unionization could strip their ability to work with the person they’re most comfortable with,” Sampson said.
“Without legislative oversight, there’s no trusted system of accountability,” Sampson added. “It’s clear that these orders will have a very real impact in the lives of many people, and that makes the effort to keep this in the public eye critically important.”
The executive orders also affect family daycare providers such as a grandparent, who may not want to join a union and pay dues, they said.
A primary objection to the executive orders, Markley sand Sampson said, is that they “pave the way for personal care attendants and child care workers to form unions, and to negotiate salaries and benefits with the state without the consent of those with disabilities.”
Markley has said that said Malloy’s decision to issue the executive order could be a tragedy “For disabled people who live an independent life with the help of personal care assistants. … With state assistance – but at a cost less than that of institutionalization – they have taken control of their circumstances, and make arrangements directly with their staff. The last thing either the clients or the caregivers need is a big union and intrusive government interfering with that relationship.”
The executive orders also have been subject to criticism as they are seen as a roadblock to efforts to move some 5,000 institutionalized elderly and disabled residents back to home- and community based care. The cost for those currently living in nursing homes and similar institutions, especially those on Medicaid, exceeds $12,000 per month on average, and a shift away from institutions could save state taxpayers nearly $1 billion per year according to a study on the system.
