"Oh Oh!!!....Did the Cat Get Your Tongue?"
I wasn't sure if it was because today is April 1st, and if the witnesses today were just telling April fools jokes, or if the cat had their tongues. The combination of being unable to answer on the spot or giving fictitious answers seemed to be the rule of the day.
San Francisco, CA
Of course, once again were back in the Federal courtroom of no-nonsense Judge William Alsup - and that is absolutely what he did not take today - any nonsense.
NUHW leader and interim President, Sal Rosselli, took the stand as he continued to be cross-examined by SEIU-UHW Attorney Gary Kohlman. For the most part, Sal hesitated in answering most questions and when he finally did - memory loss set in as he could not recall incident after incident. Such demonstrative responses when asked questions like "Do you recall discussing very next steps with members (pertaining to next steps in resistance of the trusteeship)? ...He responded that he always told the members that "SEIU is our union and we are going to stay with it and reform it..." Moments after Attorney Kohlman had to revitalize Sal's memory with a film clip of Sal stating to members during a mega meeting exactly that of which his recollection failed to encompass.
Also absent from memory was a checklist of items with Sal's name next to several items as the "to do" person for "next steps" resisting the trusteeship. Again, the attorney had to produce a visual aid showing a memo with Mr. Rosselli's name next to items in which he denied ever knowing anything about. Things such as: Make a transfer of money to the 501C3... - Make sure membership will cooperate with UHW and resist SEIU... - make arrangements with financial institution for legal defense..., etc. were among the list of "action items" for Rosselli and other senior staff members while still officers of UHW.
Mr. Rosselli stated in response to his lack of recollection of ever seeing, reading, or sending out a key letter to SEIU that there was an "electronic signature" often used by staff. This was his response especially when letters contained flowery, self-serving statement that his actions would later contradict.
There was a memo with the beginning statement: "Despite SEIU's claim that the PEF (Patient Education Fund) was actually created for the secret purpose of financing a fight against the trusteeship..." Need I say more? Of course this memo was sent to senior staff, including Sal, but he claimed he did not recall it until visually shown it during cross examination. Still he would respond with some "maybe(s), can't recall, or flat out no(s)".
Mr. Rosselli claimed he knew nothing about the "scrambling" of member contact information that was sent to the International monthly, and that when "someone" told him of it - he advised "do not do that anymore...".
Other e-mail exchanges included memos from defendant Dan Martin asking UHW Attorney Arthur Fox (prior to trusteeship) if money from the PEF, which supposedly was set up to educate staff and the public about healthcare issues, could be used for such things as: purchases of telephones, office space, legal assistance, and to pay staff.
Another memo spoke of "connecting computer systems at home offices to UHW systems without I.T. knowing"...and of setting up a trust fund for Attorney Jonathan Siegel (brother of NUHW Council Dan Siegel) for legal advice about, among other things, resisting SEIU trusteeship.
This seems like a good segue into the next witness - speaking of...
NUHW witness Jonathan Siegel took the stand with amusement on his face that his younger brother was the person questioning him. In his testimony he stated that he advised several times that to fight against the trusteeship was not advisable to Rosselli and company. Jonathan Siegel said that he advised that the PEF money could not be used to fight the trusteeship, either before or after - and advised to return the money immediately. Also, he had been prepaid $25,000 for a UHW trust fund, and to his amazement as he later checked his account - there was $500,000 in it. Was this another slush fund in addition to the PEF?
Attorney Jonathan Siegel also insisted that the first time he had ever heard of "NUHW" was at meeting of the "deposed" Executive Board held the day after the trusteeship on January 28, 2009. If this is so - then someone truly pulled a fast one on their own attorney!
As SEIU-UHW Attorney Kohlman cross examined, Jonathan Siegel stated he didn't know Sal was having members circulate disaffiliation petitions - but later had to admit to that he warned the group about "fingerprints on disaffiliation petitions" in case the International was to go as far as examining the petitions closely. On January 29, 2009 he helped draft a letter to have members decertify from SEIU-UHW as a "next step." Mr. J. Siegel is still currently retained by NUHW as their attorney.
NUHW witness Andy Reid (worked in Catholic Healthcare West and the Daughters of Charity systems) took the stand with a demeanor that gave a gentle, heroic aura to the jury with statements like, "I always mentor my stewards to be able to continue without me on their own in case I die tomorrow..." The audience seemed intrigued by the act until he later (upon cross examination) blurted out "yes, I did inform stewards and members to tell SEIU to "stay the F*** out" if they show up at any facilities... Well... enough said!
Oh yeah, don't forget that he also told staff to spend stay overnight at the union office in case any members had questions regarding legalities of the trusteeship...(rather than to tell SEIU to "stay the F*** out!")
Don Fegate was up next for NUHW. He works at Santa Rosa Memorial Hospital as an EVS. As he attempted to tell his "organizing history," Judge Alsup put a stop to his spin as it did not pertain to the charges at hand. Mr. Fegate could only attempt to vouch that he was present during one meeting in which defendant Peter Tappeiner was present. In cross examination, attorney Kohlman quickly made it clear that his testimony was completely worthless by bringing out that there were many meetings he did not attend so he could not know who attended most of the meetings.
That was short and sweet...
As former SEIU-UHW Rep. Tonya Smith Fryson took the stand for NUHW, she could only testify that she was not directed by defendant Jason Johnson to "take everything out of the union office." Cross examination with a visual aid showed a memo that she was copied on that undercut her testimony, and her overall angry bearing was not helpful to the defense.
The militant NUHW witness, Beverly Griffith, who stated that she began her employment with NUHW today, verified the violent incident which took place on January 20, 2009 at the Alameda SEIU office where a security guard was trampled over by NUHW supporters, and the office was rampaged by the mob of approximately 30-50 people. She said the group was livid that SEIU was in California prior to the trusteeship and that the reason the mob went over there was to find out why SEIU was there. As the security guard responded that he did not know - but that the mob could not come in - they stampeded in anyway and confronted SEIU staff members, as one SEIU employee ran to barricade herself in an office. She testified that she yelled, "You've opened up a Pandora's box and it will not close!"... I guess that the group does not realize that in order to prepare for transition in trusteeship, there is preparation that does not happen on the same day or the day after...such as how NUHW claims to have started a union in one day!
Oh yeah, I forgot to mention how upon cross examination by SEIU-UHW Attorney Kohlman, he asked Ms. Griffith "Did you know that as of March 2009, you were listed on a federal reporting form as a Vice-President for NUHW with a salary of $10,000? - She responded, "No...," contradicting her testimony that today was her first day as an employee of the local.
NUHW witness, defendant Joan Emslie, former SEIU-UHW Secretary Treasurer, was last today. She claimed she had never heard of the new union (NUHW) until a friend called her upon seeing an article in the newspaper about the new union on January 29, 2009 (two days after the trusteeship). She denied being involved in any of this stating that she "was not working at the time" (despite her previous signature on the incorporation papers establishing the PEF).
Well, more to come tomorrow... Erica Boddie.
JANUARY ELECTION RESULTS
Kaiser Nurses-746-36- 95% NUHW
Health Professionals -189-26- 86% NUHW
Other Unit-717-192-78% NUHW
Total Turnout of Voters -84%
Those results are commonly know as a "landslide"
So for Sue , who spoke of the unfortunate few Kaiser employees who was learning the hard way. If Kaiser workers had lost everything we would not be able to shut SEIU up . Why aren't they telling their remaining members of this trick. Don't you think the 50,000 Kaiser members who will vote this summer deserve to know the truth according to you and the NLRB. NLRB and SEIU what a team,LOL
I called the NLRB and what they told me proved to be true as a few unfortunate Kaiser members are learning the hard way - there is no expectation of transfering your contract from one Union to another. NUHW began lieing to members on day one and they're still lieing, even in a court of law. No surprise there!