Federal Judge orders Kaiser to grant “unlawfully withheld” raises and benefits to NUHW members

December 17th, 2010

Judge Gary Allen Feess of the United States District Court, Central District of California, has issued an injunction against Kaiser Permanente for illegally withholding scheduled wage increases and benefits from 2,300 Southern California RNs and professionals who voted to join NUHW in January of this year.

The judge’s ruling charges Kaiser with “failing and refusing to bargain collectively and in good faith” with NUHW “by unilaterally implementing changes in terms and conditions of employment during negotiations for a collective-bargaining agreement.”

The judge ordered the company to “(g)rant prospectively the unlawfully withheld April 2010 annual across-the-board raise,” as well as the tuition-reimbursement and steward training benefits, and prohibited it from “interfering with, restraining or coercing employees in their exercise of Section 7 of the (National Labor Relations) Act.”

Section 7 of the NLRA guarantees workers “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”

It is precisely this right of the 43,500 Kaiser workers covered in the election between SEIU and NUHW this September that Kaiser deliberately violated by withholding scheduled wages and benefits from NUHW members.

SEIU welcomed Kaiser’s illegal, unethical and anti-worker conduct, and leveraged it to instill fear in those workers of exercising their right to join the union of their choice.

Read the injunction.