PA Court Rules Governor Cannot Compel Unionization of Home Care WorkersImage Banner

PA Court Rules Governor Cannot Compel Unionization of Home Care Workers

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PA Court Rules Governor Cannot Compel Unionization of Home Care Workers

September 26, 2016
On September 22, the Commonwealth Court of Pennsylvania ruled that Executive Order 2015-05, issued by PA Governor Tom Wolf on February 27, 2015, was not legal. The executive order sought to "create new arrangements for direct care workers who provide personal services to certain aged and disabled participants in their homes," according to the opinion. The court noted that the executive order would empower non-state employees to negotiate with the state for collective bargaining purposes. The order also created an advisory group to advise the Governor and relevant state agency on whats to improve quality of care. 
 
The court determined that the executive order, which would apply to direct care workers including those hired directly by individuals, exceeded the Governor's authority and would be overly invasive as it would compel union workers to gather information through visits and other contact from individuals receiving services, creating privacy concerns. 
 
The suit was filed by several groups, including the Pennsylvania Homecare Association (PHA), who released a statement on the ruling, available here