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October 15th, 2010

Will illegal and collusive behavior by Kaiser Permanente result in a new union election for 43,000 California healthcare workers?

Attorneys representing employees and NUHW file objections to management’s support for SEIU in recent election

Oakland, Calif.—One week after ballots were counted in the largest private sector union election in 70 years, attorneys for the National Union of Healthcare Workers (NUHW) have filed to have the election result overturned.

Employers are required to remain neutral in elections between unions over bargaining rights. Documents filed with the National Labor Relations Board (NLRB) outline a number of overt and unfair labor practices by Kaiser management against its workers, beginning with Kaiser’s refusal to pay promised raises and other benefits to workers in Southern California who recently voted to join NUHW. In the election between NUHW and SEIU, Kaiser management worked closely and illegally with the Service Employees International Union (SEIU) to influence the election outcome for 43,000 workers statewide in multiple ways. The NLRB earlier this month announced action against Kaiser for some of its bad behavior. According to today’s filing:

“Kaiser’s misconduct is so severe in this regard that not only has the NLRB issued a complaint concerning it, but it is seeking the extraordinary remedy of 10(j) relief because of the deleterious effect such flagrant disregard of the law creates on NUHW’s stature and ability to organize. In its court filings, the General Counsel has specifically referred to the role of this unlawful misconduct in the instant election.”

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October 12th, 2010

CounterPunch: How the SEIU won in California

Big Money, the Big Lie and Fear

By Cal Winslow

The vote, 18,290 for SEIU, 11,364 for NUHW, was expected to have been closer. SEIU’s massive use of thousands of imported staff, multiple glossy mailers, robo calls and home visits apparently paid off. So did collusion with Kaiser and the NLRB. NUHW, quite rightly, will appeal the results.

The cost for SEIU – of the Kaiser election (SEIU refuses requests to itemize its expenditures) will rank as one of the highest (per voter) in US history. Observers estimate the total thus far at $20 to $40 million. Randy Shaw, writing in BeyondChron (September 7, 2010), argues that even if SEIU has spent only $20 million — “it will exceed Whitman’s: the former EBay CEO spent 100 million in the primary to reach 17 million voters, SEIU spent 20-40 per cent of that to reach 44,000 Kaiser workers — or 2 per cent of the size. That means that SEIU spent between $495-$910 per vote, the equivalent of Whitma’n spending between $7.7 and $15.4 billion to become California’s next Governor.”

Money, we know, is sometimes not enough. So SEIU threw in intimidation, a campaign of smears, lies and fear. Consider this one example: SEIU consistently (in the hundreds of mailings it sent to members) accused NUHW leaders as having “stolen” members money, and, moreover, having been found guilty in court. Kaiser workers were treated with flyers featuring fake mug shots of NUHW leaders under the headline, “Guilty.” The truth – no NUHW leader (in stark contrast to SEIU’s scandal-ridden California operations) has been found guilty of stealing a penny, let alone charged with this in a court.

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October 7th, 2010

Kaiser workers call for new election, stronger protection of workers’ rights

Employees’ choice thwarted by delays in NLRB enforcement, false fear campaign by SEIU and employer Oakland, Calif.—One year and seven months ago, an absolute majority of 43,500 Kaiser Permanente employees in California presented petitions to the National Labor Relations Board (NLRB), asking for a vote to leave the incumbent union SEIU and form their own […]

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October 7th, 2010

Kaiser workers call for new election, stronger protection of workers’ rights

Employees’ choice thwarted by delays in NLRB enforcement, false fear campaign by SEIU and employer

Oakland, Calif.—One year and seven months ago, an absolute majority of 43,500 Kaiser Permanente employees in California presented petitions to the National Labor Relations Board (NLRB), asking for a vote to leave the incumbent union SEIU and form their own union, the National Union of Healthcare Workers (NUHW). When ballots were counted today, 11,364 were for NUHW, and 18,290 were for SEIU—and workers are calling for a new election.

“Workers can’t have a fair vote when they don’t know they have the right to choose without being punished for it,” said Marie Foster, a program assistant at Kaiser San Jose for 23 years. “SEIU and Kaiser management threatened people’s livelihood and the NLRB didn’t take action to protect us until it was too late. This is a perfect example of why we need stronger laws and better enforcement to stop employers from making decisions that employees should make for ourselves.”

Today’s outcome was not the overwhelming majority for NUHW that caregivers could have won last year. For 19 months, SEIU employed legal obstruction tactics to deny workers’ right to vote. During that time, Kaiser illegally funded SEIU’s re-election campaign, paying for dozens of Kaiser employees to conduct full-time election campaigning on behalf of the incumbent union, and providing SEIU officials with conference rooms and access to campaign during new employee orientations.

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October 7th, 2010

Kaiser ballot count underway in Oakland

Update: As of 1:00 p.m., the final ballot count is underway. Results will likely be reported late Thursday afternoon or Friday morning. Update: As of 11:45 a.m. Thursday, the ballot clearing process is now complete. The National Labor Relations Board, together with representatives from NUHW, SEIU, and Kaiser, will begin the actual counting process at […]