Granny Snatching: Jury Out on Unionization of Home Care Aides

Advocates for the elderly and disabled gathered at the Legislative Office Building in Hartford have voiced their objections to Gov. Dannel Malloy’s Executive Order 10 which provides for – some say requires – the unionization of the home health care aides, and further action is anticipated before week’s end.

While opponents of the order discussed its ramifications inside a hearing room, union representatives who support it made a small showing outside but declined to take part in the more formal discussion.

A week later the issue is still pending, and a state senator who co-sponsored the public information session says he is considering approaching the governor’s office for a face to face meeting on the issue.

Although many people who now provide health care and other services for the homebound elderly work independently or for small companies, Executive Order 10 calls for establishing a Personal Care Attendant Quality Home Care Workforce Council which would establish a system of documentation of “approved” home health care aides, and unionization of those aides.

The Democratic-controlled legislature debated establishing this council during the last session and it was shot down. Malloy then issued an Executive Order establishing the council.

 

But state Sen. Joseph Markley R-Southington, who sponsored the bi-partisan session with Rep. Rob Sampson R-Southington on Nov. 10, at 10 a.m. said today that the governor appears not to have acted on his order. “So far nothing has happened,” apparently including appointing members to the council, he said.

Markley earlier told CTWatchdog that the bill which would have established the council died in the full legislature because of “Democratic discomfort” with it, adding that “it may be vulnerable to legal challenge.” Since issuing the order Malloy has come under intense criticism for attempting to circumvent the legislative process.

Markley said today that the session last week was attended by a broad representation of individuals and organizations that oppose the order, including small business representatives, those who oppose it on constitutional grounds, and advocates for the elderly and disabled. “All agree it is a bad idea,” Markley said.

Markley said there has been no indication thus far that the council is even formed, much less tending to business. Markley added that he was hoping to meet with an attorney from the Senate today to discuss the next move.

Advocates for the elderly and disabled currently are working to move up to 5,000 state residents out of care institutions into family or community care which would create a massive savings on Medicaid which can cost as much as $12,000 per patient per month and more.

Markley is considered one of the most conservative Republican’s in the Legislature and two decades ago was the main opponent of a state sales tax. Markley said the effort to repeal Executive Order 10 has bipartisan legislative support.

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.”

Markley said he hopes to move forward on the issue by this weekend at the latest and that a legal challenge is still is possible.