The Service Employees International Union (SEIU) is prepared to file for an election to represent home care workers early next week, marking the end of a collective effort during the past legislative session and the beginning of the largest union vote in Vermont history.
The American Federation of State, County & Municipal Employees’ Vermont Homecare United (AFSCME) has already filed for the election, which is expected to occur this summer.
Other contesting unions will need to file for an election by June 27 with a petition that includes the signatures of at least 10 percent of Vermont’s roughly 7,000 independent home care workers, according to Article 13 of the State Employees Labor Relations Act.
The workers, who provide in-home care to the elderly and people with disabilities, are paid with state Medicaid funds but employed by their clients. Under the new law, workers can bargain with the state for subsidies and benefits if they decide to unionize.
“At this point, we have enough to file,” said Matt McDonald, an organizer with the SEIU.
The two unions are divided on the election procedures: The SEIU wants to consider new procedures and AFSCME wants to get the election over with and get to work.
Under the rules set by the board, home care workers will vote for the unions through mail-in ballots. However, McDonald said the process should be refined because some workers might not receive ballots due to inaccurate mailing lists.
“We have a very strong interest in making sure everyone gets a vote,” he said. “How are you going to have an election where 12 to 20 percent do not receive a ballot?”
For that reason, McDonald wants to conduct the election in a manner that allows more workers to vote. This might include hiring a mailing service to contact workers who do not receive the ballot.
McDonald warned that professional employer organizations have filed lawsuits contesting the legitimacy of elections in the past.
“You are leaving yourself to vulnerable to future litigation,” he said. “This process is subject to challenge.”
Carolyn Klinglesmith, organizing director, AFSCME’s Vermont Homecare United, said the SEIU is trying to delay the election so it can gather the necessary signatures.
“If you’re behind, you’re trying to slow things down,” Klinglesmith said. “We want to go forward. These providers have waited long enough.”
Klinglesmith said there is no need to change election rules that have worked for 60 years. The mail-in ballot system is inherently imperfect, she said.
While the unions are divided on the election procedures, both agree their support from the home care workers is strong.
McDonald said many home care workers are still undecided. However, after speaking with workers around the state, he said the SEIU is in a competitive position.
Klinglesmith said AFSCME has collected more than 4,500 cards. After speaking with home care workers, she also believes the support is strong.
“It’s overwhelming support,” she said. “We’re ready to get to the election. Bargainers are ready to get to the bargaining table.”
Related story
Former allies compete for home care workers.
