top
California
California
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

Kaiser charged with criminal breach of federal labor law

by National Union of Healthcare Workers
Management caught paying for staff to campaign for SEIU in government-supervised union election for 44,000 employees
Oakland, Calif.—Nine healthcare workers have filed a federal lawsuit against their employer, Kaiser Permanente, for allegedly providing criminal financial support to SEIU. SEIU is the union that Kaiser employees seek to replace in an upcoming election supervised by the federal government.

Under federal law, employers like Kaiser are prohibited from providing financial support to the unions that represent their employees, in order to ensure that unions act in the interest of their members and not on behalf of the employer. Violating this law is a criminal offense.

Kaiser employees’ lawsuit, filed in United States District Court for the Northern District of California, alleges that Kaiser violated the Labor Management Relations Act by paying for dozens of Kaiser employees to conduct full-time election campaigning on behalf of SEIU. The federal statute declares it unlawful for any employer “to pay, lend, or deliver, any money or other thing of value … to any labor organization, or any officer or employee thereof, which represents, seeks to represent, or would admit to membership, any of the employees of such employer.”

[ Full text of lawsuit: http://bit.ly/kp-charge ]

Next month, nearly 44,000 Kaiser employees will have the chance to cast ballots in an election to join the National Union of Healthcare Workers and end their membership in SEIU. The election was triggered when thousands of Kaiser employees submitted petitions to the National Labor Relation Board in June to request a government-administered election so they can replace their current union, SEIU, with the National Union of Healthcare Workers (NUHW).

The election will be the largest private-sector union election since the 1940s.

According to the lawsuit, filed by nine Kaiser employees and NUHW, Kaiser is paying for dozens of employees who are supervised and directed by SEIU staffers to carry out full-time work in support of SEIU in dozens of Kaiser hospitals and clinics across California. The plaintiffs ask the court to impose an injunction against Kaiser to stop its illegal financial support to SEIU.

# # #

The National Union of Healthcare Workers is California’s fastest-growing union, representing caregivers in every job classification. NUHW is dedicated to member democracy, dignity and justice for healthcare workers, and quality, affordable healthcare for all. | NUHW.org
Add Your Comments

Comments (Hide Comments)
The people filing this lawsuit are definitely onto something. I have direct experience at Kaiser observing, documenting, and reporting Kaiser's illegal activities and violations of the National Labor Relations Act.

When I reported the utterly bizarre activity that Kaiser was condoning to Kaiser's Labor Relations area, they acted like I was mistaken. Nope. Sorry Kaiser. I learned my labor law from the ILR School, not in one of Kaiser's skeazy HR courses.

I'll be tracking this case and will be pointing the plaintiffs towards a nice size information base that's now winding its way through the judicial system that will totally back up their claims.
by Former Hospital Worker
I support the new union 101% . But is now proven that the California Nurses Association was right and the Old SEIU/UHW was wrong when the UHW pushed the Labor Management partnership idea .
You don't have to be a Commie to know that Labor and any Management whether it is Corporate or Govt. , can never be partners . Just like the DA's office and defense attornies should never get too cozy .
Very different interests.
by workingjustice
Most decent contracts have clauses that allow shop stewards to represent fellow workers in grievances and arbitration against the employer without loss of wages for the time involved. In essence, the employer gives the union "something of value"--paid time off for the shop steward--every time the steward serves the worker instead of the employer and gets paid to do it. So this is nothing new.

But as "Former Hospital Worker" points out, this Partnership arrangement was dreamed up by the people now suing over its alleged illegality. If it is a bad thing, how come they put it into place? How come they are only objecting to it now?
by Dina J.Padilla
THE NEW NUHW is run by the old president Sal Rosselli, so there won't be anything new for any of the employees at Kaiser.. The old labor-management under Sal was a sham and will be again. Where was he when safety & health violations were being reported over and over again, only for these grievances to be hidden and forgiven? Where was he when there were 6 suicides (1990-1992)in the kaiser So.Sac. facility and then later when an employee was killed in the same hospital in 1994, calling it suicide but not reporting to CAL-OSHA. No injuries have been reported or listed on the OSHA web site about kaiser and the following injuries. Where was he-Sal, when another woman claimed sexual harassment (open membership meeting in Sacrmaneto, CA. and later committed suicide in 1994 because her complaints were ignored and then SHE was put on heavy medications. like anti-depressants, tranquilizers, sleep meds, pain meds, and other heavy drugs like diluadid, and nuerontin, an anti-physchotic seizure medication, by their employer and health care provider, Kaiser, all used for "pain", like so many others, to keep these employees from the capability of being able to even try & defend themselves against both unions and the employer? Where was Sal when dozens & dozens of workers were being abused at the workplace and given heavy workloads causing multiple mental and physical repetitive stress related injuries because of the intentional heavy work load, then kaiser sending these employees to say that all the pain was in their heads, to deny them their W claims? The same workplace abuse happened to union members of other unions representing kaiser workers and none of these unions represented their own members any better. Even kaiser doctors go after their own colleagues when it comes time to retire. Many of these employees were 40'ish, female, minorities and had worked at kaiser for many decades. He knew about it all because these complaints were given to him. and then allowing kaiser to discipline their own union stewards for filing grievances.
How much money of our pensions, welfare (medical) pensions, life insurance, ( part of our wage packages) were employees able to collect while out on workers compensation claims? Very little, so where has the money gone and where are the union dues for the members that were not represented by any/all of the unions that represent kaiser workers? Where Sal when a worker complained to Sal's Ca. SEIU(he would not talk with her)about being exposed to mold in So.Ca. where Kaiser got to build on a toxic dump laden with over 250 deadly contaminates and on an earthquake fault to boot.
This all intentional, so the unions aide and abet the employer to not only mentally and abuse their employees but get rid of them in the comp system, where the union and employer crimes will be covered up by the state of Ca. Another sham where public officials are getting paid to continue the ongoing abuse of employees who lose, their everything they worked so very hard for, their health and ultimately their lives. So much for Arnold's claims to job killers, a Freudian slip perhaps, because jobs can & do kill when you work for an employer and are a union who are in collusion to break every law in the books that there is in protecting employee all to save/make money on the deliberate well executed plan/scheme, all on the intentional act of the broken backs of their employees. Of course, this did not start at Arnolds' feet but he had great help, thanks to Pete Wilson and Meg Whitman is his next protege in the quest to deny workers their civil, constitutional & human rights on the job. That this was systematically put into place when the first WC reform was being touted in 1989, several years after the dirty seeds were already hatched by both the employer and the state.
Malicious intent to do harm by a health care employer! That these unions were reaping in millions and millions of dollars not to represent but to organize for influence in the political field.
There needs to accountability in every organization, corporation and government to ensure the well being, health and wage packages owed to them. California can lead again, because it hasn't for at least 20 years to show that Ca. cares more about employees/citizens health and rights rather than the almighty dollar.
I have to ask Sister Padilla a question . I have no idea whether your accusations against one leader of the New Union are true or not . If so the rank and file should vote him out .
But i do know that the NUHW has strong support among Kaiser workers and they should have a right to vote for which union they want to represent them . Do you disagree ? If not would you advise the workers to vote for the SEIU or NUHW ? Or would you suggest that they vote for No union ?
Please let us know .
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

$230.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network