November 1, 2016

Press Release from MNPCA’s Labor Attorney Doug Seaton: Court Rules for MNPCA and Against DHS, BMS and MMB






Doug Seaton, Seaton, Peters & Revnew, P.A., [email protected] or (612) 750-8368

Kris Greene, PCA provider/parent, [email protected] or (612) 460-5457

Catherine Hunter, PCA provider/parent, [email protected] or (612) 460-5457


Victory, But We Still Need Cards, It’s Not Over:

Court Rules for MNPCA and Against DHS, BMS and MMB:

Orders Release of Current List of PCAs Subject to SEIU “Representation”


(MINNEAPOLIS, MINNESOTA) A Ramsey County District Court Judge ruled late on Monday, October 31, 2016, that State Agencies DHS (the Department of Human Services), BMS (the Bureau of Mediation Services) and MMB (Minnesota Management & Budget), must provide MNPCA with a current list of Personal Care Attendants (“PCAs”) in the State “bargaining unit” who are subject to SEIU “representation” because of the votes of only 13% of PCAs in 2014.

The Agencies had refused since May, 2016 to provide an updated replacement to the 2014 list, and MNPCA had been forced to go to Court to obtain it. MNPCA believes that the Dayton Administration refused to provide the list in order to interfere with MNPCA’s efforts to reach PCAs to seek their support to decertify (remove) the SEIU from its domination of the PCA program.

Why would the Dayton Administration do this?

Because the SEIU collects millions in “dues” from PCAs, all from taxpayer/Medicaid money intended for PCAs caring for the disabled, and gives a lot of it to Dayton and his political allies.

But doesn’t SEIU-Healthcare help PCAs as their “union?”

The answer is that SEIU-Healthcare for PCAs is not a real union, PCAs are not “state employees” and the SEIU provides no genuine services to PCAs.

Most of these PCAs are employed by their own disabled family members and receiving Medicaid dollars to provide care for them to avoid institutionalization and save taxpayers’ money. Union representation, grievances, PTO and overtime have no meaning for most PCAs and the SEIU actually reduces the dollars and the flexibility PCAs have had in the program.

Not all unions are created equal. In this case, “sticking with the union” is just a cover story to divert taxpayer paid benefits for the disabled to high-salaried SEIU officers and to political contributions to Dayton and his political allies in the Legislature.

The Agencies must provide the list by next Monday, November 7, 2016. Yet MNPCA must still obtain signed election cards from 30% of “bargaining unit” by the end of the month to force the decertification election. Then PCAs can choose whether to remove the SEIU.

The Court’s Order is a victory, but the fight to get the election continues. If you are a PCA, please act now to fill out and send your election card to MNPCA. Go to to get your card. If you need any help, call MNPCA at (612) 460-5457. Please tell other PCAs to do the same. If we can’t obtain enough cards, the right to remove the SEIU will be lost for at least 2 years, so please act now.