SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.
One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following a vote by early childhood educators and home day-care proprietors to unionize.
Workers Who Could Be Impacted: Licensed Child Care Providers Throughout California
More than 40,000 ballots were mailed to child care providers throughout California to decide whether to approve to be representated by Child Care Providers United in collective bargaining with the state. An overwhelming 97% voted to be represented by Child Care Providers United.
This unionization effort was the culmination of a decade-and-a-half long fight. In 2007, then-Governor Arnold Schwarzenegger vetoed AB 1164 authored by then-Assemblymember Kevin de León entitled “Child care: provider organization: representation.” AB 1164 would have “authorize[d] family child care providers to select a provider organization for the purpose of being represented.” Governor Schwarzenegger’s veto message stated in part he would “not support this bill as it has the potential to add significant fiscal pressures to the State’s structural budget deficit.”
In 2015, then-Governor Edmund G. Brown, Jr. vetoed SB 548 authored by then-Senate President Pro Tempore Kevin de León entitled “Child care: family child care providers: orientation training.” SB 548 would have made “it more possible for family child care providers to be informed about training opportunities and to form and join provider organizations to share their common concerns and advocate for improvements to the state-funded child care system.” Governor Brown’s veto message stated in part that he vetoed the bill “because the bill prematurely anticipates what will be necessary to comply with the new federal Child Care and Development Block Grant Act of 2014. California will need to be in compliance with an abundance of new requirements, not all of which are clear at this juncture.”
In 2019, Governor Gavin Newsom signed AB 378 authored by Assemblymembers Monique Limón (37th District- Santa Barbara) and Lorena Gonzalez (80th District- San Diego) entitled “Childcare: family childcare providers: bargaining representative.” The bill “promote[s] quality, access, and stability in the early care and education system by authorizing an appropriate unit of family childcare providers to choose a provider organization to act as their unit’s representative… It is also the purpose…to promote full communication between family childcare providers and the state by permitting a provider organization certified as the representative of family childcare providers to meet and confer with the state regarding matters within the scope of representation and other areas as mutually agreed upon in negotiations.”
Pursuant to AB 378 becoming law, Child Care Providers United sought “to be recognized as the official family child care provider union – and win permanent, binding improvements for ourselves, the children and their families. Through a union, child care providers will have a direct voice to negotiate a contract with the state and address many of the issues we care about, including: 1. Improving our reimbursement rates and benefits 2. Increasing access to child care for low-income families 3. Offering high-quality trainings to providers to improve health, safety, and educational standards.”
Following the result of the vote, Child Care Providers United will be recognized as the official family child care provider union. According to the LA Times, “Child Care Providers United is run jointly by the state’s two largest unions, SEIU and AFSCME-UDW, but operates more like SAG-AFTRA, which represents independent workers and is an open shop, where membership is voluntary.”
We hope these updates are helpful to you.
Fraternally,
SR Holguin, PC