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The Battle for Kaiser: SEIU Calls for World War III


The new National Union of Healthcare Workers (NUHW) has won another stunning victory in its campaign to decertify and defeat the Service Employees International Union (SEIU) in California’s hospitals and healthcare industry.

 

Its May 27election victory, however, at the large University of Southern California Hospital in Los Angeles was a triumph over not SEIU technically, but a 393 to 122 victory for NUHW against “no union.” It came after SEIU’s last minute withdrawal, fearing the humiliating defeat sure to follow, from the contest; SEIU joined management in urging workers (its own members) to vote “no union.”

 

Thisfollowed on the heels of victory earlier in May at Salinas Valley Memorial, where NUHW supporters defeated SEIU 408 to 242; in turn, this exodus followed NUHW landslide wins in Southern California by Kaiser nurses (the 800 nurses supported NUHW 20 to 1) and professionals in January, and before thatthe hard fought triumph, also over SEIU’s implicit “no union” stance,at Santa Rosa Memorial in December.

 

Taken together, these victories set the stage for what will be – at least in this round – the crowning conflict; elections at Kaiser Permanente, the huge healthcare enterprise with 32 medical centers and 200 clinics in California, the fifth largest private company in the US.

 

NUHW launched its drive to decertify the SEIU at Kaiser on June 2 –its intention is to sign up a majority (30% is required by the National Labor Relations Board – NLRB)of Kaiser’s 47,000 eligible employees with the goal of securing representational elections no later than the fall. NUHW, according to NLRB rules, will have six weeks to do so. If NUHW is successful, the NLRB is meant to schedule elections within 42 days (expect SEIU inspired – and paid for – delays).

 

This will be the second time – in sixteen months – that Kaiser workershave petitioned to leaveSEIU – they did so overwhelmingly in early 2009 only to have their wishes stifled by SEIU’s employer style multi-million dollar legal campaign that stalled and then blocked elections. As a result Kaiser workers remain effectively captives inside the moribund UHW.

 

Surely it must go without saying that these will be the most important union elections in our time. And, says Sal Rosselli, the fired President of UHW, now the interim leader of NUHW, “It’s ours to lose.” But, he adds, “We have so much to do to win!”

 

NUHW makes no predictions, but it expects the very worst.SEIU has already rushed through a sweetheart deal, a tentative contract with Kaiser. It has agreed to a 3% increase in wages for two years, but this is what workers were guaranteed in the current contract – they would have received this next year even if they had simply walked away from bargaining. It marks the lowest wage settlement in fifteen years. SEIU has also left the door wide opened for healthcare concessions – a committee will be convened next year to review Kaiser’s proposed cuts.  This is in line with SEIU-UHW’s healthcare concessions policies in California – sign anything, keep NUHW out. This new “national” agreement was cut and rushed through by SEIU-UHW trustee “old school” Dave Regan – breaking long standing precedent, there will be no local bargaining. The agreement, clearly settled with the NUHW Kaiser campaign in mind, comes as Kaiser reports record profits – $2.2 billion in 2009, $600,000 in the first quarter of 2010.

 

On the ground, things no doubt will be tough. Remember, in the electoral contest in Fresno a year ago, where 10,000 home care workers were their target, SEIU sent in 1,000 paid staff and spend more than $10 million. In addition, it rolled out its corporate campaign of wild promises, false advertising, intimidation and thuggery; it was in Fresno that SEIU President Andy Stern, now departed, predicted the “death knell” of NUHW. It was there that Ivy League grad Regan promised “an old school ass-whipping.”

 

Expect, we’re told, “Fresno times five.”Yes.But, SEIU won in Fresno by the narrowest of margins; the outcome is still in dispute. And now these workers, on SEIU’s watch, traditionally among the poorest paid, have just learned that their wages – $10.25 an hour before trusteeship – will be cut to $8.00. That means, astonishingly, that these workers, SEIU members, are paid, once union dues are deducted, less than minimum wage!

 

What is at stake here?  Nothing less than the right of workers to have a union of their choice – in this case by recapturing the union they themselves built into one of the most progressive and powerful in California. Recapturing their union only with a new name. In January 2009, SEIU trusteed United Healthcare Workers – West (UHW), the 150,000 member union that then represented Kaiser workers, as well as other hospital workers and long-term care workers. These are the workers that fought and won the Kaiser contract, then known as the “Gold Standard” of hospital collective bargaining agreements. These are the workersleading the fight to bring other healthcare workers up to this standard. They still are.

 

SEIU wrecked UHW; it fired its officers, then removed 2,000 stewards, the human infrastructure of the union; since then, in collusion with management, it has conspired to discipline and tame the most militant and their supporters, and, failing that, to drive these people, that is, their own, dues paying members, from the hospitals, nursing homes and bedsides of California. SEIU has systematically and, for the most part, secretly courted management with promises of collaboration and all-too-real concessions. And, the hollow shell that remains of SEIU-UHW has dedicated itself first of all to one thing – defeating NUHW (and of course securing for the future the $3.5 million that flows from the pockets of Kaiser workers into its Washington DC coffers each month).

 

What next? What to expect in the six weeks before us?

 

SEIU, predictably, incredibly, offers us its blitz, this time “World War III”?Yes, this is the vile language of the SEIU in California. It is the language of the people who compared their initial assault on the UHW to the invasion of Iraq. It is language of Mary Kay Henry, now, in the aftermath of Andy Stern’s hasty departure, SEIU’s President. She supervised the invasion of SEIU’s carpet baggingstaff; she christened them “warriors.” She personally led the invaders who – with the help of the police – evicted UHW members from their Oakland offices. So, it is “war” – in a memo obtained by NUHW, we learn that the SEIU strategy is to “basically create World War III. Let NUHW know that they have no right to be here, and this is UHW territory.”

 

Against this?Against the 1.8 million member SEIU?Against its bank accounts, its lawyers and its thousands of staff?NUHW, sixteen months old, seventy five people on staff, mostly volunteers and 5000 members. These members, however, are not your ordinary union members. These are the workers who built UHW. Theywon against union busters in Santa Rosa. These are Kaiser’s LA Sunset nurses who demolished SEIU! These are the workers that SEIU smeared at USC, the workers suspended at USC, those arrested at USC while SEIU looked on – these are exceptional union men and women.They haven’t once backed down; they’ve won. NUHW has what SEIU doesn’t have;it has the members. At two leadership meetings, on May 15 in Oakland and May 22 in Los Angeles, more than 500 rank and file workers came out to plan the Kaiser campaign. They came on their own dime, no buses, no hotel rooms, no free lunch and no beer and no false promises. Just the commitment to win this fight. I haven’t seen meetings like this since the seventies.

 

What’s up with SEIU?

 

Collusion, concessions, thuggery, why write this? Let’s keep it positive. I’m told. And isn’t the arrival of Mary Kay Henry, the new President of SEIU, the portent of a new, kinder, gentler SEIU. Hasn’t she pledged to take SEIU back to its organizing roots, hasn’t she promised to make nice with progressive friends and the rest of the labor?

 

I hear she’s also got a bridge for sale. Consider these examples, just a few from the reign of the Stern regime and its trustees in California – including Mary Kay Henry.

 

Prior to the USC election, SEIU met secretly with management and its antiunion consultants, the Ohio based Weissman group to plan the “no union” campaign. The Weissman Group promotes itself with its “Union Avoidance Consulting and Strategy.”

 

SEIU staff and members not only called the police at USC but then photographed the arrests of NUHW organizers.

 

SEIU sent a busload of “purpled-up” staff to Kaiser Modesto and surrounded, then screamed at NUHW members in theirown cafeteria – all under the watch of Human Relations (HR) and security. It then supported HR’s refusal to allow former farmworker leader Delores Huerta to speak to workers in that same cafeteria. SEIU members shouted at the eighty year old activist, taunting her “to go back to the fields.”

 

SEIU, represented by four law firms, dragged former UHW staff and officers into civil court, demanding $25 million in damages. Spending as much as $10 million on the trial, SEIU dropped its claims to less than $5 million, but won just $750,000; this is appealed. Countless leaflets, speeches and smears to the contrary, no NUHW leader has been charged with criminal activity, let alone convicted. Still SEIU brazenly shouts the charges “criminals” and “guilty.”

 

Now, SEIU plans yet another hearing, demanding that 45 NUHW staff appear at an SEIU internal trial, to be administered by International Executive Board member and hearing officerDoug Collier, now scheduled for July 19-23. The charges will be the same as in the civil case. It appears SEIU wants to ban these union leaders from SEIU for life – also to have a show trial,to shore up, no doubt, flagging members. Sadly, it is reminiscent of darker days when the “purge” was a standard response to dissent.

 

Connected to this, we have now been informed of a new dimension in NUHW’s iniquities. Referring to its campaign to destroy NUHW, Andy Stern has this to say: “It’s a tragedy in terms of how the money was spent, but a necessity in terms of preserving the organization’s integrity. I don’t want to analogize this, but there is not enough money you can spend in America to protect us from terrorists. And you know sometimes you have to spend money to protect the integrity of the institution from its own version of self-righteousness and terrorism.”Thank you George W.

 

SEIU members and staff are currently charged with intimidation, assault, and unfair labor practices in a dozen cities. The“World War III” memo advised members to work with company security and human relations to “remove NUHW” from hospital cafeterias and rest areas. It informed members to work “as a group” to make NUHW supporters – SEIU members – “uncomfortable.”In Los Angeles in November, SEIU staff threw eggs and water bottles at people attending an NUHW informational meeting held at the hall of the United Teachers of Los Angeles. (See Randy Shaw, BeyondChron, April 5, 2010, for an account of SEIU conduct and comparisons to Teamster violence against the United Farmworkers in the 1970s.)

 

Concessions? More than we can count, but a recent example? Workers at Sutter’s Alta Bates Hospital in Berkeley, once the beneficiaries of full health benefits for themselves and their families, now must enroll in Sutter’s  “wellness” program – or be penalized. Smokers of course, beware. But get this – the hospital intends to analyze the worker’s body mass – penalties promised for those who don’t match up to indexes acceptable to the hospital.

 

At Kaiser, workers learned of pension reductions – 25% cuts in lump-sum payments. No vote taken. Workers were informed of layoffs, in violation of the 2005 ban on layoffs during the life of the contract. No vote. Pharmacy workers, once guaranteed assignment to worksites in the vicinity of their home, learned that SEIU had agreed to flexing workers – allowing Kaiser to force commutes withalmost unchallenged freedom in assigning these workers.Again, no vote.

 

This is all, of course, in keeping with SEIU’s management friendly approach to bargaining.  A year ago, with SEIU just taking the reins, the San Jose Mercury reported this, following negotiations at Alameda Hospital: “The contract…requires employees to pay health care contributions for their spouses and children, which Easthorpe /the hospital administrator/ said is a groundbreaking concession for hospitals to gain in the Bay Area.”

 

Mike Casey, the President of UNITE-HERE local 2 based in San Francisco, also the President of the San Francisco labor Council, more than once has called SEIU a “company union.”  “This is exactly how a company union operates.”

 

Others wonder if SEIU is a union at all.

 

Casey and UNITE HERE have done more than talk, however. In exceptional acts of solidarity, they have backed words with action. UNITE HERE organizers from across California and Nevada will be working in the Kaiser campaign. They will join other volunteers, organizers and union supporters from around the country who also plan to come to California – it will be a union summer, albeit an (anti-SEIU) union summer.

 

These supporters will join Kaiser workers, other healthcare workers and their supporters, families and friends. We can be honest, the NUHW staff is tiny, its bank account limited to say the least. SEIU has already promised to spend $2 million on glossy mailings. Who knows how many staff are on the way. Perhaps even Mary Kay Henry will return, the woman who has never been a hospital worker, has never been a SEIU member, has never been a shop steward or elected to local office, has never negotiated a contract  –has never been accountable to members. Will she come back to California?With her body guards?And driver?

 

Solidarity today begins with backing NUHW. Yet, there are still far too many people who look the other way– the people who watch unions, write about unions, work for unions, who support some and not others – we may have differences on what constitutes a union worth fighting for, we may differ on past history and who did what, when. The question now, however, is this: how can you be neutral here – one side’s right, the other’s wrong. I have heard people say a curse on both houses, or SEIU is no worse than the rest – and of course we’re reminded that there will be no omelets without breaking eggs. This is just false.I don’t believe anyone who observed the May NUHW meetings could believe any of this.Not after listening toTurusewGedebu-Wilson, a leader of the Kaiser Sunset nurses, not after watching therapists Dave Mallon, Kaiser Downey and Jim Clifford, San Diego, in action. “Look at this,” they told me, “watch our victories. No staff could do this.”And not after listing to the USC committee – Michael Torres, Julio Estrada, and Noemi Aguirre, the USC respiratory therapists, leaders of the NUHW team. Torres was suspended and demoted by management.

 

At the victory rally Estrada reminded workers they that they “beat one of the most vicious union busting groups in the country.” Torres added, “We’ve been kicked around a lot, but that’s okay. We won.” William Hooper, environmental services, reminded the celebrants, “They said we didn’t have no money. They said we didn’t have no members. Well, wedo! It was rough, it was a three year fight. But, as I said, ‘The bully always gets his in then end.’” Aguirre singled out the USC students who supported NUHW and praised their professor, Laura Pulido, American Studies and Ethnicity, who attended the rally to congratulate the workers on their victory.

 

This is a workers’ movement, composed of workers, led by workers.These are workers who don’t do concessions. They have seen a union grow. They know what a strong union is. They want one back.

 

Danielle Estrada, patient coder at Kaiser Baldwin Hills, recounted the week she’d taken off – her vacation – to campaign for the NUHW. She’d visited almost every Kaiser facility in Southern California. She demanded that others do the same: “We’re almost there. We’re winning. But it’s not been done by magic – it’s been members, members on committees, members going out, recruiting, going from department to department, shift to shift,member tomember. I took that week because we have to talk to the workers, every one of them, one by one.

 

“How can we not do this? Consider the alternative, stuck with SEIU. And the prize – a union of our own!”

 

 

 

A footnote: SEIU continues its management style legal attack on California healthcare workers. Twenty eight former leaders and staff of UHW were dragged into civil court in San Francisco in March. While virtually all charges were dropped, sixteen were found liable for “violation of fiduciary duties” _ allegedly working for NUHW before it was created, in the month of January 2009. They have individually been fined amounts in several cases of nearly $80,000. Legal defense costs are now in the hundreds for thousands of dollars and with each new SEIU maneuver they mount. SEIU’s clear intention is to humiliate and break these people – all good union men and women.

 

You can help. Contribute to:

 

The Fund for Union Democracy and Reform
465 California Street Ste. 1600
San Francisco, CA 94104
http:// www.fundforuniondemocracy.org

 

 

Cal Winslow is the author of Labor’s Civil War in California, The NUHW Healthcare Workers Rebellion, PM Press and an editor of Rebel Rank and File: Labor Militancy and Revolt From Below during the Long Seventies, Verso (forthcoming, September 2010). He can be reached at cwinslow@berkeley.edu.

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