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Lawsuit filed ahead of PCA union vote

A group of state-subsidized personal care assistants filed a federal lawsuit today challenging the constitutionality of a statewide unionization election that is scheduled to get underway later this week.

They filed their lawsuit in U.S. District Court against state officials, including Gov. Mark Dayton, and the Service Employees International Union. Dayton signed the unionization bill in 2013, and SEIU is backing the organization effort.

The nine home-based PCAs, who care for family members, are Teresa Bierman, Kathy Borgerding, Linda Brickley, Carmen Gretton, Beverly Ofstie, Scott Price, Tammy Tankersley, Kim Woehl and Karen Yust.

The plaintiffs, who are getting assistance from the National Right to Work Legal Defense Foundation, contend the state law violates their right of free political expression and association. They’re asking the court for a preliminary and permanent injunction.

The U.S. Supreme Court ruled last month that similar workers in Illinois could not be compelled t0 pay union dues.

The state Bureau of Mediation Services is set to mail out union election ballots to an estimated 26,000 PCAs on Friday. Vote counting is planned for Aug. 26.