Judge Halts Wolf's Home Care Worker Executive Order

After a hearing last week, a Commonwealth Court judge has issued a preliminary injunction stopping full enforcement of Gov. Tom Wolf’s Feb. 27 executive order affecting home care attendants.

Under the ruling by Judge Dan Pellegrini, a union representing home health care workers will be unable to come to terms with the state, and the state cannot aid in collecting union dues until the full court can address the legality of Wolf’s executive order.

The decision is based on arguments provided by attorneys from The Fairness Center on behalf of David Smith, a paralyzed Phoenixville man who filed suit to protect the relationship with his longtime home health care provider, Don Lambrecht.

“This is a huge victory for folks like our clients Don Lambrect and Dave Smith who have no interest in having a union interrupt their mutually beneficial working relationship,” commented David Osborne, general counsel for the Fairness Center. “The injunction prevents the union and the governor from coming to terms that harm home care workers and their employers, who are often family members or close friends.

The complaint filed by Smith and Lambrecht says Wolf overstepped his authority when he issued an order on February 27 that allows home health care providers to select a direct care worker representative to meet with state officials and discuss aspects of the industry, including quality of care and standards for compensation.

According to the Fairness Center, ballots to join an organization such as United Home Care Workers of Pennsylvania can still be counted, but the representatives cannot meet with Wolf until a final ruling on the order has been issued.

The Fairness Center, which filed the brief on behalf of Smith and Lambrecht, says Wolf’s order is a back door attempt by the governor to unionize home health care workers as payback to the Service Employees International Union, one of Wolf’s biggest campaign contributors during the election, according to TribLive.com.

“The union election is now essentially meaningless. The union will not be able to come to terms with the state and, more importantly, will not be able to get the state’s help in taking dues out of home care workers’ paychecks.” Osborne said.

(Photo: David Smith of Phoenixville)