SEIU-UHW (Service Employees International Union) vs. NUHW (National Union of Healthcare Workers) Trial: DAY 10 - April 2, 2010
"Court Continues to Reveal Roselligate..."
San Francisco, CA
The secrets of the "Rosselligate" covert operation continued to unfold once again during trial in the federal courtroom of Judge William Alsup today. Judge Alsup warned to play fair and to follow the rules of the game. As I stated previously, he is a "no nonsense" judge.
Today's witnesses were: Joan Emslie, Richard Rubio-Bowley, John Vellardita, Gloria Watkins, Jonathan Weitz, Ralph Cornejo, Paul Kumar, Emily Ryan, Marti Garza, Michael Krivosh, Arin Stephens, and Barbara Lewis.
There was an array of testimony, everything from mystery to drama. Here are some of the highlights.
As NUHW defendant Joan Emslie continued to be cross-examined by SEIU-UHW Attorney Gary Kohlman, a dispute involving Edward Garvey (Public Relations Consultant) came to light. He was contracted out of the Patient Education Fund (PEF), and upon cancellation of his contract he contacted defendant John Vellardita stating he had rendered appropriate services "regarding the fight against Andy Stern". It seems that this fund was used for everything except patient/member education!
Then came the night when SEIU-UHW witness Richard Rubio Bowley arrived home at 8:30p.m.on February 4, 2009 and parked down the dark street. As he got out of his car standing next to it, John Vellardita pulled up in his car opposite him and rolled down the window stating in a threatening tone, "Richard what are you doing?" With him was defendant Gabe Kristal along with Mario Santos. Although Mr. Vellardita insisted upon cross examination that the conversation was non-threatening, it turns out that there was anger because Mr. Rubio Bowley had stayed on with SEIU. Feeling intimidated and harassed as they yelled calling him, "Sell Out! Scab!" Mr.Rubio Bowley reported the incident to the police and informed his director as well. Too many bullies!
Ground hog day continued with witness after witness having no recollection of e-mails and memos pertaining to organizing members to fight against the SEIU trusteeship. More evidence of "reported lap tops stolen" was the flavor of the day for defendants Vellardita and Kristal. Defendant Barbara Lewis would not admit to her involvement in e-mails and memos distributed to stewards and reps with organizing messages against the trusteeship until documents were produced with her name on them. At that point she would then state that she was being a voice for the members to blanket her responsibility as an officer of the union to abide by the Constitution and Bylaws. She also was unable to recall the details of the incident at the Los Angeles union office where she transported and assisted a mob in overrunning the office and stealing documents as they disregarded the demand of the security officer for them to leave. A visual of a memo she wrote regarding "training" was used to help her recollect the agenda item: "Teach how to create an ungovernable situation..."
Others testified that they used members' contact lists as past practice - but what they didn't state was that past practice was never to turn union members against each other and their own International. It is an unethical practice as governed by the Constitution and Bylaws.
NUHW witness and defendant Michael Krivosh stated that he was carrying out the mission of the members as he created strategy plans to fight the trusteeship. He said that a possible trusteeship was brought up during a large, all-staff meeting. He said that Sal brought up the trusteeship, stating, "there's no grounds for it." He denied that trusteeship was discussed by senior staff in the spring of 2007. However, when cross-examined by the SEIU-UHW counsel - a visual was shown of a memo Mr. Krivosh drafted which stated "Prep for possible trusteeship..."
NUHW defendant Paul Kumar was asked by SEIU-UHW attorney Kohlman about a "robo call script" (pre-recorded call) which he drafted with a message informing nursing home members: "When SEIU and Governor Schwarzenegger come knocking on your door - throw them out... ." The attorney asked Mr. Kumar if he knew that as an officer of UHW, he was in violation of the Constitution and Bylaws by using UHW assets to inform members to keep SEIU out. Mr. Kumar could not recall where the funds were utilized from.
Defendant Marti Garza insisted that he gave "yellow cards" with members contact information to SEIU-UHW witness Jennifer Castro to enter into the UHW database, contradicting her previous testimony that she drove the yellow cards all the way back to Sacramento to give to him, which was the last they were seen. She even told how while driving on the way to Oakland with the cards, she received a telephone call instructing her to turn around and go back to Sacramento and give the Yellow cards directly to Mr. Garza. You see the problem is that none of that information got entered into the UHW database as many other testimonies add up to member information being stored on outside, undetectable data systems to be used later in organizing NUHW. Whew! I smell a rat!
Well, that's enough for today. Talk to you next week - same time, same place.