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Class action lawsuit filed against state for releasing the personal information of more than 19,000 child care workers to union April 3, 2009
OLYMPIA…
Today the Senate
Ways and Means Committee held a public hearing on
Substitute House Bill 1329, which would provide
collective bargaining for child care center directors and
workers, during which it was announced that several child care
workers filed a class action lawsuit against the state.
In the
lawsuit filed in Thurston County Superior Court, the child
care center owners claim that the state violated their right to privacy
when the
Department of Early Learning
and the Washington Association for the Education of Young
Children (which operated under a contract with DEL) illegally released
the names and personal information of 19,226 private child care workers
to the Service Employees International Union, Local 925.
The lawsuit alleges that the disclosure of personal information by the
state agency violated fundamental constitutional rights to privacy and
equal protection; violated the Public Records Act, which incorporates
the Federal Family Rights and Privacy Act; and represents a breach of
contract between the state and child care workers and employers.
Sen. Jim Honeyford,
R-Sunnyside and a member of the Ways and Means Committee, described the
allegations, if proven, as “outrageous,” and called on the Attorney
General’s Office to launch a full investigation.
“There are already active lawsuits around union attempts to force child
care centers to unionize,” said Honeyford. “For the legislature to move
forward with a bill that would put the state at an even greater risk of
being sued is financially irresponsible, especially given our current
economic situation.”
Sen. Janéa Holmquist,
R-Moses Lake and the lead Republican on the Senate
Labor, Commerce and Consumer Protection Committee, agreed.
She condemned the release of private information by state agencies, and
warned that SHB 1329 would have a similar effect on worker privacy.
“Employees can already unionize at individual child care centers, but
this legislation gives the names and addresses of every child care
center worker, manager or owner to any interested union,” said
Holmquist. “If members of a state agency took it upon themselves to
release this information unlawfully, they should be held accountable,
but this bill would only make the problem worse.
“Child care center owners have promised that the state will be in court
on day one defending this bill for violating the Constitutional and
statutory rights of workers should it pass.”
The bill would affect owners and employees of licensed child care
centers that have at least four slots filled by children covered by a
state child care subsidy. It would consider them to be public employees
and the governor as the public employer. The bill exempts large child
care center chains and the YMCA.
According to Holmquist and many of the child care workers that testified
in committee, the bill will not only violate the rights of workers, it
will also end up hurting some of the state’s lower-income families.
“There is a high likelihood that a number of low-income families will
not have service as a result of this bill,” said Holmquist. “As they
testified to today, many child care center directors will be forced to
drop subsidized children just to avoid unionization. “Ultimately, this bill is all about expanding union membership,” said Holmquist. “And that should never come at the expense of workers’ rights or the needs of low-income children.” —30—
For more information contact
Booker
Stallworth |