A judge has ruled that the governor overstepped his authority when he issued an order allowing some at-home child care providers to vote on whether to form a union.

The Ramsey County judge who blocked a unionization vote by child care workers ruled that Governor Dayton had exceeded his authority by ordering the vote without involving the Legislature. Dayton says he disagrees with the ruling but has decided against an appeal.

Governor Mark Dayton is calling for a union vote among daycare workers. He’s issuing an executive order paving the way for the vote. State officials say the vote’s results should be tabulated before Christmas. Republican lawmakers say the order exceeds the governor’s power and plan to challenge its legality.

Sen. Mike Parry threw down the gauntlet in a fundraising letter Friday. Parry says Gov. Dayton was paying back supporters when he ordered a child care union vote in November.

The challenge comes after the attorney general's office laid out three options for the governor after a judge issued a temporary restraining order blocking a union election. Politics in Minnesota says none of the options would get the election back on track any time soon.

A group of child care providers opposed to an effort to unionize the business are suing. They claim Gov. Dayton overstepped his authority in signing an executive order authorizing child-care workers to vote on whether to form a union.

About 11,000 self-employed providers who run child care businesses in their homes want the ability to unionize. But it has pitted Democratic Gov. Mark Dayton against legislative Republicans seeking to curb organized labor.

MPR News reports the governor says he won't issue an order that would automatically enroll child care providers into a union, but would rather they chose for themselves. Republicans are against the move, saying Dayton doesn't have the authority to make such a call.