Family child care providers today filed suit in Washington State Supreme Court to compel funding of their arbitration decision and collective bargaining agreement in the Governor’s 2009-2011 budget, SEIU Local 925 President Kim Cook announced.

“In failing to fund the arbitrator’s decision, this budget reduces opportunities for vulnerable children and struggling parents,” said SEIU 925 Family Child Care Chapter President Nancy Gerber, who cares for special needs children in Spokane.  “In a time of economic crisis, we need more support for working parents and the child care providers, not less.”

Family child care providers care for 1 to 12 children in their own homes. When last surveyed, most reported earning less than two-thirds of the hourly minimum wage after expenses for food, curriculum, supplies, equipment, insurance, and utilities. Some 10,000 home providers care for approximately 31,000 children of low-income parents whose fees are paid in part or full by the state, as well as a similar number of other children.

“At a time when the economy is contracting—and a new Congress and Administration are working on a plan to revive it—our state should not be undermining those efforts by putting poor children and low wage child care providers at risk,” said Cook, who leads the 24,000-member education and child care local.

The suit, technically a petition for a writ of mandamus against Governor Chris Gregoire, was filed today in the State Supreme Court in Olympia, with a request for accelerated review.  The petition argues that the Access to Quality Family Child Care Act requires the Governor to include the arbitrator’s decision in her proposed budget, and asks the court to order the Governor to do so.  In a recent memo, the Governor’s Office of Financial Management proposed amending the Family Child Care Act, apparently recognizing the Governor’s duty under current law to include the award in her budget. The petition also argues that the Governor’s failure to follow the law undermines the collective bargaining process and jeopardizes the ability of family child care providers to have their contract funded by the Legislature.