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Minnesota Bargaining Law Withstands First Amendment Challenge (1)

Aug. 14, 2018, 3:57 PMUpdated: Aug. 14, 2018, 6:08 PM

In-home health-care providers for disabled Medicaid recipients haven’t shown that a Minnesota law permitting union representation violates their constitutional rights, the U.S. Court of Appeals for the Eighth Circuit ruled Aug. 14.

The state law authorizes care providers and other employees to vote for union representation. SEIU Healthcare Minnesota was elected under the law, giving it the right to represent more than 27,000 home health workers.

Teresa Bierman and eight other health-care workers sued Gov. Mark Dayton (DFL), several state agencies, and the SEIU affiliate, claiming the state’s recognition of the SEIU infringes on the First Amendment right of nonmembers...

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