In Pa., home health care aides organize — but it’s not a union
When is a group not a labor union, even though it looks like a labor union, collects dues like a labor union and marches in Labor Day parades like a labor union?
The answer: When 20,000 home health care workers across Pennsylvania are empowering an organization to represent them before the Wolf administration on the issues of raising wages and improving working conditions.
That is now happening after the state Supreme Court last month
upheld a controversial 2015 executive order from Gov. Tom Wolf.
The order also established an advisory group to meet quarterly with the state Department of Human Services and discuss “ways to improve the quality of care delivered” to people who need in-home assistance, primarily seniors or people with disabilities.
The United Home Care Workers of Pennsylvania — a joint partnership between the SEIU Healthcare Pennsylvania and the American Federation of State, County and Municipal Employees — has been elected as the representative to the seven-member advisory group that is expected to meet in October, according to Matt Yarnell, president of SEIU Healthcare Pennsylvania. SEIU Healthcare Pennsylvania is part of the Service Employees International Union.
Mr. Wolf’s executive order represents an unusual avenue for unions to work on behalf of home care aides. The aides are prohibited by federal labor law from collectively bargaining.
Home health care is third among the 20 fastest-growing professions in the United States (behind solar energy and wind turbine workers) and the lowest paid among them, according to the U.S. Bureau of Labor Statistics. The median hourly wage for Pennsylvania home health aides was $12.10 in May 2017.
While the United Home Care Workers of Pennsylvania cannot bargain a contract, the group can “meet and confer” with the Department of Human Services to draft policies that favor workers, Mr. Yarnell said.
“There’s a huge workforce shortage here, and without someone getting up every day to fight this crisis, it’s going to get worse,” he said.
As Pennsylvania’s population continues to gray — Penn State University estimates that the senior population will grow by 1 million by 2030 — demand for such services is expected to rise.
Mr. Wolf’s executive order applied to a segment of “participant-directed” workers — those hired directly by the elderly or disabled individuals, and who care for people directly in their own homes. That’s in contrast to workers in institutional settings such as nursing homes or who are employed by agencies.
Participant-directed workers are paid through Medicaid funds, a combination of state and federal dollars.
A court battle
The order was challenged in court by a mix of conservative and industry groups, including the Pennsylvania Homecare Association, a trade association representing nearly 700 agencies that provide care and support to individuals in their own homes.
Critics charged that it was a stealth attempt to unionize a large group of workers and benefit the political allies of Mr. Wolf, a Democrat, in the process. The order dominated a state Senate confirmation hearing for Mr. Wolf’s nominee for human services secretary and ultimately was the subject of two lawsuits.
The president of the Pennsylvania Homecare Association referred questions to the organization’s attorney, who could not be reached for comment. In legal filings, the association had argued that the order was “an impermissible attempt to legislate” because such workers can’t legally be in a union.
Last month, the state Supreme Court ruled that Mr. Wolf’s executive order was constitutional and could largely move forward.
In several critical ways, the impacted workers aren’t in a union, the court found.
“The order contains none of the hallmarks of collective bargaining ― an exclusive bargaining representative; the duty to bargain in good faith; the creation of an enforceable collective bargaining agreement; the right to engage in concerted activity; the right to file unfair labor practice charges; and the right to strike or arbitrate,” Justice Debra Todd wrote in the court’s majority opinion.
Others disagree. The order is “almost an invitation for the unions to reach out to these workers and to solicit interest,” said Michael Pavlick, an attorney at K&L Gates in Pittsburgh who represents employers. He was not involved in the litigation.
One potential outcome? Some other states have a socalled “domestic workers bill of rights” that doesn’t give those workers union rights but does do things like raise their wages, Mr. Pavlick said.
A scattered workforce
The advisory panel’s seven members will include the Department of Human Services’ secretary, the DHS deputy secretary for longterm living, and five governor-appointed members who will include both workers and recipients of care.
Those members have not yet been named, according to a statement from Mr. Wolf’s office.
It’s unclear if the meetings will be open to the public or others.
The United Home Care Workers of Pennsylvania, which locally shares offices on the North Side with SEIU Healthcare Pennsylvania, has 5,000 members statewide, Mr. Yarnell said. The group’s website allows workers to join online and voluntarily agree to a 2 percent payroll deduction for membership dues — money that goes to SEIU Healthcare Pennsylvania and AFSCME.
Joining such a group is unusual for workers who don’t often consider themselves part of a collective workforce.
“In this work, you can feel isolated and alone,” said Khaney Martin, a dues-paying member who for many years cared for her son, who was diagnosed with childhood cancer, and her aging father at the same time.
More recently, she has worked nearly 40 hours a week as a home health aide in Homestead.
She’s hoping for good things from the organization.