David Smith & Donald Lambrecht v. Gov. Tom Wolf, et al.

David Smith & Donald Lambrecht v. Governor Tom Wolf & Pennsylvania Department of Human Services, Office of Long Term Living.

The Fairness Center represents Dave Smith and his homecare worker Don Lambrecht in their challenge to Governor Wolf’s executive order “unionizing” Don and other homecare workers against Dave and other homecare recipients.

In late February, Governor Wolf issued an executive order that would allow unions to easily force representation on certain homecare (or “direct care”) workers who are paid through Medicaid or other state programs. Under the executive order, unions will be permitted to exact dues payments—up to $8 million annually—from these homecare workers, many of whom cannot afford to pay union dues, do not want union representation, and will receive little benefit from forced representation. Governor Wolf’s executive order is nearly identical to a 2010 executive order that then-Governor Rendell issued and that was ultimately rescinded after a court challenge.

Meanwhile, disabled and elderly homecare recipients stand to lose even more. Homecare recipients are the legal employers of their homecare workers targeted by the executive order; they have the authority to hire, train, manage, pay, and fire their homecare workers. In other words, the unionization of homecare workers organizes workers against the homecare recipients that they serve. Unions will take away homecare recipients’ authority as employers.

Dave and Don are first asking the court to stop Governor Wolf and the Department of Human Services from implementing the Executive Order. Second, they are asking the court to declare that the Executive Order is an unconstitutional exercise of the Governor’s power.

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