Fresno County homecare providers reported scores of incidents of voter intimidation, illegal threats, and ballot manipulation by SEIU staff in an election for workers to quit the scandal-plagued union and join the National Union of Healthcare Workers (NUHW).

SEIU spent an estimated $10 million on attack mailings, robo-calls, TV and radio ads, and 1,000 paid staff flown in from across the country, but failed to win enough support from workers to win the election without breaking the law. Despite SEIU's illegal tactics, just 117 votes could swing the outcome of the election. Based on SEIU’s illegal conduct and flawed decisions by the County election officer, healthcare workers in NUHW will file a legal challenge to the election and not be party to certification of the results.

"SEIU has resorted to behavior worse than we’ve seen from the worst anti-union bosses," said Sal Rosselli, Interim President of NUHW. "They will say or do anything to deny workers a free choice. But healthcare workers have proven today that their movement to take back their union is thriving and has the strength to win."

Read More, Photos, Interview with Homecare Worker | Is Fresno SEIU’s Vietnam? | Fresno County homecare providers expose SEIU’s illegal tactics in illegitimate election | SEIU ran a campaign of threats and intimidation | Top Scab Hang-outs in Fresno | SEIU’s “Shock and Awe” Campaign

June 1st is the first day of a highly contested union election for 10,000 homecare workers in Fresno County who are trying to leave the Washington, D.C.-based SEIU, a union that has been condemned by the AFL-CIO for using violence in inter-union conflicts. The stakes have never been higher for SEIU officials, who are desperately trying to stop a movement of nearly 100,000 healthcare workers in California who are organizing to quit SEIU and join the National Union of Healthcare Workers (NUHW).

Current and former SEIU organizers have reported SEIU's use of so-called "shock and awe" teams to incite violence, including stalking, threatening and intimidating supporters of opposing unions. With 900 paid SEIU staff from across the country in Fresno County today, workers are worried about a repeat of recent violent attacks.

At an SEIU meeting held on Sunday May 31, SEIU-UHW Trustee Dave Regan encouraged hundreds of SEIU staff to "administer an old-school ass-whipping" to NUHW supporters. "In other words, what we gotta do here, my old-school friends, is we have to administer an old-school ass-whipping over the next two weeks," he said. "I know everybody knows what means. We gotta give a butt-whipping they will never forget," he added. "We gotta put them in the ground and bury them."

Video of the Regan Speech

On May 26th, a delegation of several janitors who were laid off from their jobs at Cisco Systems' corporate headquarters met with San Jose City Council members to share their stories and appeal for the elected officials to reach out to Cisco decision makers on their behalf. The janitors met with staff of City Council members including Madison Nguyen, Ash Kalra, Kansen Chu, and Rose Herrera; and left information for members Nora Campos and Sam Liccardo.

More than 75 vulnerable, low-wage janitors - more than 40% of the total workforce - were laid off by Cisco's contractor ABM in February, despite the tech company's enormous profitability and more than $34 billion in cash assets. Since then, the janitors and hundreds of Silicon Valley community supporters have launched a series of escalating mobilizations to urge the corporation to be a responsible corporate citizen and put the janitors back to work.

The janitors and their community supporters have vowed to continue to their actions to appeal to Cisco to put the wellbeing of hardworking service workers ahead of corporate profits.

Read More With Photos | Massive Protest Decrying Cisco Systems’ Mistreatment of Workers | Justice At Cisco

Previous Indybay Coverage

Local healthcare union activists charge that the Service Employees International Union (SEIU) is run by unelected, out-of-town bureaucrats who negotiate sweetheart deals behind closed doors with corporate CEOs. Organizers and members of the National Union for Healthcare Workers (NUHW) believe labor unions should be militant, member-driven organizations that fight for better pay and benefits for their members. They are in a David-and-Goliath-like struggle with SEIU (aka Goliath), which has everything money can buy, but NUHW (aka David) has a secret weapon - the support of the workers.

Fresno is ground zero in this struggle over the future of the union movement because more than 10,000 home care workers will vote in June to decide which union will represent them. This is the first major election in the country where workers will get to chose between NUHW and SEIU. The outcome of this election will determine whether home care workers will have a grassroots democratically elected union or one that imposes leadership from the top down.

SEIU, which is based in Washington D.C., took over the local home care workers union in a trusteeship that took place on Jan. 27, 2009. As a result of the trusteeship, the elected leadership of SEIU-United Healthcare Workers-West (SEIU-UHW) was removed, members and their supporters were forced out of their own union hall and SEIU appointed new "leaders" for SEIU-UHW. When the takeover happened, most of the staff of SEIU-UHW left and, along with thousands of healthcare workers, formed NUHW.

Read more and view photos

On Wednesday, April 29, UC Berkeley Police, apparently acting on behalf of ICE and introducing themselves as ICE agents, arrested Jesús Gutiérrez, a worker at the Clark Kerr Campus Dining Commons and a union activist in AFSCME Local 3299. Acting on information alleging that Gutierrez was using false papers to work at UC Berkeley, the UCPD charged him with identity fraud. Gutiérrez has been placed under ICE immigration hold as he sits in Santa Rita Jail.

Gutiérrez is suspected of no crime apart from the allegation of working using false identification. He is currently charged with felony identity fraud, a charge that is reserved for people who use identity information to steal money.

In a statement, Ronald Cruz, a member of BAMN, writes, “There is a strong likelihood this is an effort by UC Berkeley to intimidate organized labor. Jesús was a rank-and-file union activist in AFSCME Local 3299, which just had a strong one-week strike in summer 2008 and won a contract that includes language requiring ICE to contact AFSCME before arresting a worker. Surprisingly, the arrest has come from UC Berkeley itself.” Read More

On Wednesday, May 13th, a rally and a march was held at Sproul Plaza, UC-Berkeley, to demand the release of Jesús Gutiérrez from ICE custody. Video

ICE kidnaps UC Berkeley employee | Berkeley Protests ICE Raids | AFSCME Strike Postponed -- What's Next?

A lawsuit filed May 1st in federal court by the security and private intelligence firm OSO Group against the Service Employees International Union (SEIU) has revealed details of the militarized takeover of Oakland-based affiliate United Healthcare Workers West (UHW).

The lawsuit revealed that SEIU ran up a $2.2 million bill with the OSO Group, which is just one of several security companies hired by SEIU to carry out the trusteeship of UHW. OSO Group deployed off-duty and retired police officers - at $110 per hour - to conduct surveillance of UHW's offices and intimidate, photograph, and videotape members and staff. SEIU directed OSO Group to spy on meetings where UHW members discussed SEIU plans to move 65,000 workers to a new union without a democratic vote on the matter. OSO Group has also been providing "protection services" for out-of-state SEIU brass visiting California.

The OSO Group provides surveillance, intelligence, counter-terrorism and other services to multinational corporations. Its leaders and staff are mainly former agents of the U.S. Secret Service, FBI, and CIA, as well as national law enforcement officials.

SEIU and its controversial leader Andy Stern moved to trustee UHW in January. The action was criticized by UHW's leaders as undemocratic. Since then, former UHW leaders and rank-and-file activists have formed a new union, the National Union of Healthcare Workers (NUHW), and a majority of UHW members have petitioned to leave SEIU and join NUHW.

Read More

Related Coverage: Workers Petition to Join NUHW | Workers Rebuild Their Union | United Healthcare Workers West Put Into Trusteeship

On May 6th, Bay Area workers, clergy, union members, and elected officials held a rally and 24-hour vigil outside the San Francisco Federal Building to urge Senator Dianne Feinstein to support the Employee Free Choice Act (EFCA). Feinstein recently withdrew her support for the bill, which would reform federal labor law and make it easier for workers to form unions and bargain collectively. The rally and vigil included speakers, letter writing, and visual representations that underscored the need for EFCA and for greater protections in the workplace.

Current labor law is widely seen to favor employers. Employers can fire employees over union organizing, engage in anti-union messaging, and refuse to bargain contracts, with little consequence. EFCA would remove obstacles to organizing a union, allow workers to form unions by majority sign up (or "card check"), and guarantee that workers who have formed a union are able to achieve a contract.

Read More with Photos | Feinstein Withdraws Her Support of EFCA | Call Sen Feinstein to Demand She Support Employee Free Choice Act | AFL-CIO on EFCA | Employee Free Choice Act Now! [Blogspot]

In San Francisco, calling for mass action in defense of jobs and families, union contingents, students and an anarchist bloc gathered at Dolores Park in San Francisco at noon and marched to Civic Center for an afternoon rally. The Alexander Berkman Social Club sponsored a picnic at Dolores Park. Photos: 1 | 2

Also in San Francisco, a May Day Anti-Capitalist Action Struck Union Square

In the East Bay city of Hayward, participants gathered at Weeks Park then marched to City Hall to demand passage of an ordinance that would make Hayward a Sanctuary City. In Oakland, a program at Fruitvale Plaza preceded a march to City Hall. At UC Berkeley, a rally at at Sproul Plaza, was followed by a march to Ashby BART. Photos

In San José, demonstrators were greeted by entertainment at City Hall by the Raging Grannies. The immigrant rights action started off with a march from King and Story. After the rally, spontaneous singing and dancing broke out on the street in front of the City Hall plaza in celebration of International Workers Day and the upcoming Cinco de Mayo events planned in the city. Photos: 1 | 2 | 3 | 4

In Fresno and Reedley, the day was marked with songs of the labor movement. Pre-recorded Raging Grannies' singing was broadcast on KFCF (Audio). Speaking events focused on worker-related topics from farms, to the threat of fundamentalism, to justice and sustainability. A March for Legalization started at Fresno's Eaton Plaza. Photos

At UC Santa Cruz, students rallied in the Bay Tree Plaza and then marched to the Beach Flats. In Watsonville, rain canceled a rally and march, however dozens of people demonstrated in front of Wells Fargo to protest to their abuse of immigrants, including being a major shareholder in the GEO Group which builds and operates immigrant detention centers. Wells Fargo Attacked in Santa Cruz

See also: Immigrant Rights Marches Still ON Despite Swine Flu Hysteria || Report by the Immigrant Soldarity Network || Filipinos Demand Legalization and Immigrant Rights

May Day 2008: May Day Revival on Three Fronts: Labor, Immigrant, and Antiwar || Thousands March on May Day in San José and Demand Inclusion in U.S. Society || May Day 2008 Actions in Santa Cruz and Watsonville

On April 19, injured workers in Southern California joined together in front of the Downey Kaiser medical center to speak out about workers killed and injured on the job. SEIU hospital workers and movie workers from IATSE and laborers claim that the former military industrial nuclear facility was not properly cleaned of toxics and now workers are getting sick.

On April 28th in San Francisco, Workers Day Memorial events included a press conference at the Pfizer Research Facility at 3pm and a speak-out at the ILWU Local 34 Hall at 7pm. Speaker included injured workers, the director of the Silicon Valley Toxic Coalition, and union representatives.

Read More on Upcoming April 28th Pfizer Event | Read More on Downey Kaiser Event | Workers Memorial Day

April 28th San Franciso Announcements: Pfizer Press Conference | ILWU Speak-out Forum

Thursday, April 23rd is opening night for the 11 day Reel Work Film Festival, taking place in the counties of Santa Cruz, Monterey and Santa Clara. Reel Work presents cultural events, bringing together award-winning documentary film producers, workers, activists, students, and the public with the goal of increasing community awareness of the central role of work in our lives, to discuss economic and global justice issues, and to bring alive the history and culture of the labor movement in the US and abroad.

Reel Work inspires participants to join in the struggle for worker rights locally, nationally and globally and to promote social justice activism and international solidarity in the streets, fields, and workshops.

Schedule of Films

Hotel and other workers and students are rallying to the case of fired Grand Hyatt Houseskeeper Esther Dominguez. Esther was fired after working 33 years at the hotel. Labor organizers claim that hotels have been firing and harassing long time workers and union members in preparation for a possible strike when Unite-Here's 7,000 hotel workers contract expires on August 1st. Last year, Esther Dominguez defended less senior housekeepers at the hotel who had been mistreated and organizers believe her firing is related to the solidarity with other workers that she has shown. She has union arbitration on her case but The Local 2 Committee says additional direct action is needed to let the hotel management know that they will be held responsible if they seek to fire and harass hotel and restaurant workers.

Read More with Photos | Video

Related Indybay Coverage: Workers Launch Boycott of Two San Francisco Hotels

On Tuesday, February 24, hundreds of hotel workers and community members marched through San Francisco to call on visitors to boycott two major hotels: the HEI Le Meridien and the Hyatt Fisherman’s Wharf. The march began at Justin Herman Plaza, wound its way through downtown San Francisco, and concluded in front of the HEI Le Meridien hotel.

Building on UNITE HERE Local 2’s Hotel Workers Rising campaign, workers at these hotels are seeking respect, job security and better livelihoods for themselves and their families. HEI and Hyatt workers have called on management to respect their choice whether or not to form a union through the majority sign-up process – the same process used by numerous other hotels in San Francisco and across the US.

Even in the midst of the current economic downturn, the Hyatt Corporation is expanding its worldwide reach. HEI Hotels & Resorts – one of the country’s fastest growing hotel owners – has announced plans to acquire $1.5 billion of additional luxury properties in the coming months. At the same time, over 340 hospitality workers and their families at these two San Francisco hotels face unfair layoffs, unaffordable healthcare, and a lack of respect on the job.

Read more | Photos: 1 | 2 | UNITE HERE Local 2 | Hotel Workers Rising

On February 20th, the Pajaro Valley Federation of Teachers (PVFT) Negotiating Team met with the Pajaro Valley Unified School District (PVUSD). Later that day, teachers and students rallied at the plaza in Watsonville in support of a fair and honest contract and to educate parents and the community about potential cuts to classroom services.

PVFT is against any budget cuts to student services and programs without first analyzing district expenditures at the management level. In contract negotiations, PVFT claims that PVUSD is not bargaining in good faith. Read more and view photos

After a year and a half of bargaining, custodians, gardeners, food service workers and drivers organized through the American Federation of State, County and Municipal Employees (AFSCME) Local 3299 voted to accept a historic agreement with the University of California (UC). This new agreement includes wages increases over five years of 4%, 3%, 3%, 3%, and 3%. UC service workers will have a state wide minimum wage that reaches $14.00/hour by the end of the contract. The contract also includes the adoption of a pay system that gives employees credit for their service and dedication to the University. Read more

UC Berkeley gardener Hank Chapot comments, "Though this offer, coupled with the security of being a UC employee, is touted as being generous, it barely makes up for 20 years of flat wages and ever increasing fees for health care, pensions and other workplace fees. Even with this new contract, UC workers’ pay remains below comparable public sector jobs."

Shelley Nielsen, UC’s latest chief negotiator, said in a prepared statement, “We are very pleased to have reached what we believe is a fair agreement…” The irony is not lost on AFSCME negotiators, one of whom reacted by asking, “if management thinks this is a fair agreement, then, what in hell were those completely unacceptable and insulting 1 percent offers these past 14 months?”

Previous coverage: UC Service Workers Sit-In at Chairman of the Regents Richard Blum's Office || UC low-wage workers visit new UC President Yudof's mansion || 8,500 UC Service Workers Strike for Five Days || UC Workers and Students Block California Highway 1

The Service Employees International Union (SEIU) placed United Healthcare Workers (UHW) West in trusteeship on January 27. The Oakland-based local's 150,000 members work in hospitals, convalescent facilities, and in home care. The trusteeship is the latest development in a high-profile dispute between UHW and SEIU and between UHW president Sal Rosselli and SEIU president Andy Stern.

The trusteeship is related to a plan to remove 65,000 long-term care workers from UHW and put them into another, newly formed local. An election to decide the long-term care workers' fate was denounced by UHW, which pointed out that the ballot did not give members the option to reject their removal from UHW. UHW wants a democratic vote by the affected members to decide whether to merge long-term care workers into a single union. In a statement, SEIU cited UHW's opposition to the plan as one justification for the trusteeship.

UHW leaders continue to occupy their offices in Oakland and have announced the formation of a new, independent union, the National Union of Healthcare Workers. A rally and march was held on the evening of January 27 to protest the trusteeship.

Read more | SEIU Places UHW in Trusteeship | SEIU Launches Takeover of United Healthcare Workers-West | 1/27 Rally and March | SEIU Caught Putting Trusteeship of UHW into Action Before Hearing Results | SEIU Voice

On January 16th, 60 University of California (UC) service workers and at least ten UC student supporters from at least five UC campuses stormed the San Francisco offices of UC Board of Regents Chairman Richard Blum at the company he founded, Blum Capital, on Montgomery St. Chanting, singing and posting images and words of impoverished UC service workers on the walls, they occupied Blum's office to ask that he and UC President Mark Yudof "agree to end poverty wages at UC."

With wages as low as $10/hour, 96% of UC service workers are eligible for some form of public assistance, including food stamps, childcare assistance, and housing subsidies. During the course of the past year-and-a-half of negotiations with UC service workers, the UC Board of Regents has approved raises and bonuses for highly-paid UC executives totaling $14.5 million. Read more and watch video

Previous coverage: UC low-wage workers visit new UC President Yudof's mansion bearing pancakes | 8,500 UC Service Workers Strike for Five Days | Facing Poverty At UC | FacingPovertyAtUC.org