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The California Report

Newsom Signs Law to Let Thousands of Child Care Workers Unionize

In-home child care providers in California will now be allowed to collectively bargain with the state.
Katie Orr
01:10
A new California law allowed certain in-home child care providers to unionize. (Rawpixel/iStock)

Gov. Gavin Newsom signed legislation Monday allowing roughly 40,000 in-home child care providers in California to join a union.

Under AB 378, introduced by Assemblywoman Monique Limόn, D-Santa Barbara, self-employed child care workers who serve subsidized families will be able to collectively bargain with the state — much like public employees do — on issues like training opportunities and reimbursement rates.

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The law goes into effect next year, making California the 12th state to allow collective bargaining for in-home child care providers.

“Child care providers help our economy by allowing working families and parents to report to work,” Newsom said in a statement. “Creating quality jobs for the child care workforce makes economic and common sense. These workers care for our kids – we need to take care of them.”

As prohibitively expensive as child care in California can be, providers of the state’s youngest residents are notoriously underpaid: Nearly 60% of child care workers rely on some form of public assistance, according to findings from a recent Stanford University study.

“They’re having to work longer and longer hours because the families that they serve have to work longer and longer hours, or are commuting or have changes in shift schedules,” said Danielle Mahones of the UC Berkeley Labor Center. “And they’re there. They don’t turn a child away. They don’t kick them out.”

Mahones said supporters of the bill have been trying to form a union for upward of 15 years. Similar efforts have been introduced, unsuccessfully, at least nine previous times, including bills vetoed by Govs. Arnold Schwarzenegger and Jerry Brown, both of whom cited cost concerns.

This latest push, backed by the Service Employees International Union, has been criticized by opponents as a union power grab.

In one recent legislative analysis, the California Right to Life Committee said that “the primary purpose of AB
378 is to increase an existing union, rather than increasing childcare providers and openings.”

The group also argued that AB 378 is an unnecessary extension of the government into family life.

After the law goes into effect, the state will conduct an election to determine if eligible child care workers want to unionize. If approved, labor organizers will spend much of 2020 forming a bargaining committee and deciding on their priorities. Actual negotiations with the state could take place as early as 2021.

Nancy Harvey, who has worked as an in-home provider for 16 years, said the new law means a lot to her.

“It’s speaking volumes, that we’re appreciated and that our work matters,” said Harvey, who runs Lil’ Nancy’s Primary Schoolhouse in West Oakland. “And that people are finally recognizing the fact that California does not move forward unless [it] has a strong, substantial early ed program.”

Harvey also noted that a majority of in-home child care providers are women of color who have traditionally been undervalued.

“Hopefully this will change the playing field,” she said.

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