Unions and Family Child Care: Frequently Asked Questions, Part I
Union organizing of family child care providers is a relatively new development over the past five years. Successful union campaigns in Illinois, Oregon and Washington have generated tens of millions of dollars for increased subsidies for low-income parents, lower parent co-payments as well as increased access to training support for quality improvement programs, and a strong voice for family child care at the state level.
Union organizing efforts in these and other states have raised many questions by child care providers. The concept of a union is unfamiliar to many, so this FAQ is an attempt to answer some of the basic questions providers have raised about unions.
Q: What is a union?
A: Traditionally, a union is an organization of workers who band together to negotiate with their employer for benefits that will improve their lives. Unions have been organizing in the U.S. for over a hundred and fifty years. Past union efforts have focused on reducing the number of hours in the work week, improving worker safety on the job, raising worker wages, and improving health, retirement, and other benefits. Although unions have organized a small number of child care centers and Head Start programs across the country, it was only in the last decade that family child care providers have been joining together in unions.
Q: Which unions are organizing family child care providers?
A: There are three:
The American Federation of State, County, and Municipal Employees (AFSCME) has 1.4 million members who include nurses, clericals, "blue-collar" workers, professionals, corrections personnel, technicians and caregivers. AFSCME members work in offices, schools and universities, corrections facilities, hospitals, government facilities, and child care centers. For further information, contact AFSCME at www.afscme.org/childcare.
The American Federation of Teachers (AFT) has 1.3 million members who include teachers; local, state, and federal employees; higher education faculty and staff; nurses and other healthcare professionals. They have an associate organization, First Class Teachers, that organizers early childhood educators, including family child care providers. For further information, contact AFT at www.aft.org/yourwork/ece.
The Service Employees International Union (SEIU) has 1.8 million members who include home health care workers, public school employees, nurses, doctors, hospital workers, workers in local government, state employees, security officers, janitors, and building service workers. For further information, contact SEIU at www.earlylearning.seiu.org.
Q: How can unions organize providers who don't have an employer?
A: Unions cannot organize family child care providers in the same way they have organized in other industries because providers do not have an employer with whom to bargain. The vast majority of family child care providers operate as self-employed business owners. Unions are therefore using different approaches to bring providers together to increase their benefits and give them a voice in improving the quality of care.
Q: What are these different approaches?
A: Unions are approaching state governments that regulate providers and that pay providers as part of a state child care assistance program. Unions are fighting to increase the resources available to family child care providers. They are turning to states because most providers will never be able to significantly improve their financial well being by raising rates they charge to parents. Unions are lobbying states to allow providers to vote for a union that will represent them in collective bargaining with the state. Unions hope that by negotiating with the state on behalf of a large number of providers they can access public funding that will benefit providers as well as increase the quality of child care for the children they serve.Unions have begun negotiations in some states to increase subsidy reimbursement rates, improve state child care regulations to keep children safe, and provide health insurance and other benefits. Some unions are working on local projects to support providers and with other advocacy organizations to improve the quality of child care, such as supporting statewide quality assurance programs. This is a new approach to union organizing, so union activities vary across the country and from one union to another.
Q: What is the general process for union organizing of providers?
A: The answer can vary from state to state, but here is how it might happen:
A union begins talking with providers in a state about changes providers would like to see. A union then begins to gather signatures on union cards from providers who want to be represented by a union.
Based on this initial show of support for a union, the governor or state legislature gives approval allowing an election to be held so that providers can vote to have a union represent them. Another way this could happen is that the state could certify that a union is entitled to represent providers based on proof by the union that more than 50% of the providers have signed union cards of support. In this case no election would be held.
After the election, providers determine the goals and priorities of their union (increased subsidies, quality improvements, training, and other benefits).
Members of the union then elect a bargaining committee made up of providers and begin negotiating an agreement with the state to use public funds to support the goals of the union.
Q: What are the tax consequences of joining a union?
A: Family child care providers who join a union will file their tax returns in the same way they have always done. This means that they will continue to operate as a self employed business. Those providers who currently operate as a corporation or partnership will also be unaffected. Any union dues paid by a provider are 100% tax deductible as a business expense.
Q: What are the benefits of joining a union?
A: In states where unions are active, providers have identified the following benefits they would like to obtain:
Higher subsidy reimbursement rates from the state
Access to affordable health care
Increased access to affordable resources such as professional development programs, legal services, insurance, and other business services
In addition, some providers see joining a union as a way to improve the overall quality of child care and increase their own professionalism.
A union is a democratic organization that is formed to promote the interests of its members. Therefore, providers who join a union have a say in determining what specific benefits they want to pursue. Although there might be common interests among provider on some issues, there can be significant differences in what providers want from one state to another.
Providers who join a union are not automatically entitled to new financial benefits. There is no guarantee that a union will be able to bring new benefits for its members. The likelihood of a union obtaining benefits for its members is dependent on the number of providers who join a union, the union's negotiating skills with government officials, and the union's ability to mobilize support for its goals from the public.
Prepared by Tom Copeland (revised March 2011)
This FAQ previously appeared on the website of Resources for Child Caring.
Image credit: AFSCME, SEIU, AFT
