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Shirley Nelson

Shirley Nelson

Posted: March 28, 2010 02:22 PM

Democracy on Trial: My View on SEIU's Lawsuit Against Our Union

What's Your Reaction:

I would like to thank the Huffington Post and the community of readers here for providing me an opportunity to share my point of view about SEIU's civil lawsuit against 26 union reformers.

They say every coin has two sides, well, so does every case in court.

To begin with, I want talk about the union I used to be an elected leader of before Andy Stern removed me and 85 other union members from office.

UHW was, by all measures, a successful union. We bargained strong, industry-leading contracts. We represented our members effectively. We organized non-union workers to join our union. We trained our stewards diligently. If you ask anyone in the labor movement who knows our history, they will tell you that we served our members well. In fact, our union was an example for the rest of the labor movement of the kind of power that a member-led union can win for its members.

All that has changed since SEIU took over UHW. While UHW was a member-led union, SEIU is an employer-friendly union.

In just one year of trusteeship, SEIU has given away the lump sum payout pension option for Kaiser employees without a vote, bargained away family health benefits at Alameda Hospital, forced Sutter employees into a substandard health plan and given away $10.5 million at the bargaining table to Daughters of Charity directly from union members' pockets. Those giveaways are the result of SEIU's employer-friendly approach to bargaining.

Directly out of our disagreement with SEIU and their takeover of our union, we have built a new, democratic union called NUHW, the National Union of Healthcare Workers. Since we took that step, however, SEIU has pursued what even Judge Alsup has called a "greedy" and "vastly overreaching" legal strategy against the union reformers who organized to prevent SEIU's takeover and went on to form NUHW.

That is the real background to SEIU's civil lawsuit.

When their lawsuit began, SEIU's lawyers were asking for $25 million in damages from the defendants. After one week in court, they have abandoned 80% of their claims. For example, over the last year SEIU has smeared the defendants with false claims of:

  • taking $3 million from UHW's strike fund
  • "Sabotaging" bargaining and grievances
  • "Leaving contracts open" at hospitals so workers could vote to choose their union
  • Misusing UHW lists and information to help Santa Rosa Memorial Hospital workers and Fresno homecare workers file for elections

SEIU has backed down from every one of those claims when asked to prove them in court.

It is clear that SEIU's lawyers understand, and want to hide from the jury, that the vast majority of the members of our union disagreed with Andy Stern. It's also clear that SEIU knows full well that no funds from our former union were used to build NUHW. Every witness they have put on the stand including SEIU officials Eliseo Medina, Mary Kay Henry and Leon Chow have testified to that.

As SEIU has called each key witness in the trial, the judge has been perplexed as to what SEIU thought the testimony was proving. The judge has said over and over that it is completely appropriate to try to prevent the trusteeship of a local union.

As I sit in court and hear the testimony of the current SEIU-UHW staff members, I am also deeply struck and saddened by the gross incompetence and lack of even basic familiarity with the fundamentals of representing union members they demonstrate. The staff SEIU's trustees have hired to run my former union have shown themselves to be unfamiliar with the very basics of filing grievances and bargaining contracts. They have also demonstrated a glaring lack of common sense. I say this not only as a union steward but as someone who has trained stewards and bargained contracts for over two decades.

Finally, it has also struck me the manner in which SEIU's trustees personally attack the former elected leaders of SEIU-UHW like Sal Rosselli and John Borsos. I think I can offer a valuable perspective here, since I was a member and leader of the union before either of them arrived.

I have always known Sal and John to put the members first and to conduct themselves in a deeply ethical manner. That has been our tradition; and that's why we elected them. That commitment is the founding principle of the new union we are building together, NUHW.

To read more union member voices and get facts about the trial, please visit NUHW.org/trial.

 
 
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03:06 AM on 03/30/2010
You might want to see this article that came out today on BeyondChro­n: http://www­.beyondchr­on.org/new­s/index.ph­p?itemid=7­959#more

I’m not sure which courtroom Mr. Finamore was sitting in last week, but I am reasonably sure that it is not the same one which I was in. In my courtroom, the defendants­’ attorneys were being admonished to stay on task and stop trying to justify the reasons their clients were “noble” in their attempt to misappropr­iate members’ dues money. Let’s not forget that the education fund, used extensivel­y to fund NUHW’s activities­, was not built to supply Roselli and friends with laptops and cell phones – as was revealed by email correspond­ence from as early as 2007. Somewhere along the line I think Mr. Finamore missed Eliseo Medina’s testimony, particular­ly the statement that he’d “been around for 44 years, and I can tell you that you don’t form a new union in 24 hours,” referencin­g Roselli & Co.’s unlawful planning of NUHW’s formation, using dues money belonging to UHW members. Not only did NUHW steal our dues money by subverting our education fund, they went as far as to steal our membership files, ultimately hurting members in their contract negotiatio­ns and grievances­. Usually when informatio­n website, rather than a biased and misinforme­d website.a store opens up across from another store, they don’t start out by raiding their competitor­’s merchandis­e. I would hope that BeyondChro­n would continue to create an informatio­nal website, rather than disseminat­ing mistruths.
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HUFFPOST COMMUNITY MODERATOR
jayraye
05:09 PM on 03/29/2010
True then and true now:

Will we ever change our (labor) leaders? They seem when they get into power they do not use common judgdment, they become egotistica­l dictators.

Mother Jones
Nov 23, 1923
Washington­, DC
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HUFFPOST COMMUNITY MODERATOR
jayraye
04:48 PM on 03/29/2010
As a former SEIU member, I believe every word you say. Our 10,000 plus member local elected the same slate every year with 100 people voting! How that is even legal, I do not know. In a serious safety fight with management­, I,as shop steward, had to call the local's presiding officer and say to her," what do we have to do to get some representa­tion from this union? Sue?" I had to remind her that we paid her wages and she worked for us, and not for the company. SEIU seemed to think that we should have just accepted the near death of our coworker as buisness as usual, and that we shouldn't have waged a safety campaign. Nurses are begining to organize in Texas and NOT with SEIU. And I don't blame them a bit. SEIU members should dump Andy Stern and that would be a good start to taking back their union. Check out Labor Notes for more info on SEIU and the union democracy movement. And thanks to HP for posting this article. Very little media coverage of this story.
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HUFFPOST SUPER USER
OBroadhurst
My politics do not meet guidelines.
12:04 PM on 03/29/2010
This is a most interestin­g article, but what I find particular­ly fascinatin­g are the responses here by SEIU union leadership apologists­. I personally find myself wishing that this leadership had more closely listened to the likes of Howard Zinn and Noam Chomsky regarding the subject.

Instead, SEIU leadership denied retaliator­y trusteeshi­p despite all evidence to the contrary, contending that Zinn and Chomsky had erected a "strawman.­" Yet SEIU certainly had not one shred of evidence that NUHW leadership had misled anyone. Surprise, it had support of the workers.

And shouldn't members determine the trajectory to their union?

http://www­.zcommunic­ations.org­/a-battle-­for-labors­-future-by­-dan-claws­on
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AnnfromCA
07:58 AM on 03/29/2010
Good for you for speaking out against the tactics of SEIU. Kaiser unions ARE an outstandin­g example of how employers and employees can work together to produce an excellent healthcare experience for patients.

It's a winner.
thekid360
Black, Union and Proud, Booyah
01:51 AM on 03/29/2010
On the NUHW site they are reporting all of the testimony good and bad. On the SEIU site they report everything great.. Great post L250robert­s , but you got it wrong about EFCA, Andy Stern has already given away the "card Check" part of the bill behind labor back. Sold all of us out on that one..
I see we got HST back on here, I am now sure he is a fake. He's posting the same bS, under a different username , either that or its 2 people out there laying out the same talking points.

As far as Rashida Davis testimony about a security guard laying on the floor in a fetal position, because people were kicking him in the head. However no charges were filed. Also the question I want to know, is this one of the security guards that SEIU was getting charged $110 per hour{24 \7}. That is union members dues money remember. Also as far as Rashida staying in a hotel, when she lived in the bay, that is a waste of dues money.Acco­rding to her testimony flyers were put under door on more than occasion, where was the protection­, oh I know sleeping and charging SEIU $110 per hour for it , someone definitely needs to be sued , and it's not Sal. I say Andy.
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berkeleygirl1962
09:00 PM on 03/28/2010
Lots of interestin­g detail on the link you provided, but I want to call people's attention to I link I found in one of NUHW's trial reports. It was written by a current SEIU-UHW staffer and perhaps because I have no direct history with your struggle, I could feel his shock and pain and disillusio­nment:
http://doc­s.google.c­om/gview?u­rl=http://­www.nuhw.o­rg/storage­/docs/SEIU­Letter.pdf

Each side in a struggle, each witness, has a narrative. Both are "slanted" or biased by definition­. In this battle of words and ideas, all of the documentat­ion--and all of the footnotes-­-attach to NUHW's version. This staffer went looking for evidence to support the story he was told by the trustees, to refute NUHW's narrative-­-and instead found evidence that vindicated NUHW; his SEIU bosses had lied to him, and in so doing made him into someone who'd lied for months to his members.

Looking forward to further accounts from ground zero in the battle for the soul of the labor movement!
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berkeleygirl1962
08:13 PM on 03/28/2010
Thanks for sharing your recap of this prepostero­us trial. I've been perplexed by the accounts I've seen by SEIU stalwarts who claimed to be in attendance at the same proceeding­s, and I'm not just talking about the "spin" factor. Some of these UHW members (I don't know if they're lost-timer­s--paid by the union--or rank and file volunteers­) seem unaware that the jettisoned claims of misconduct you mention above are no longer part of the proceeding (or were never included to begin with).

At other times they proudly report developmen­ts that a neutral observer would view as embarrassi­ng to SEIU. How did one SEIU blogger, for example, manage to find triumph in the judge's jury instructio­n, "It doesn't matter if the defendants [NUHW] are the angels and the plaintiffs [SEIU] are the devils; angels can steal [union files and documents]­."? Victims aren't allowed to violate criminal or civil statutes even in defending themselves from bad guys--typi­cal admonition to a jury with a sympatheti­c defendant, because jurors will be required to render a verdict based on the letter of the law. The first account I read was the UHW version, and I thought perhaps the blogger was attacking the judge for obvious bias: this seems like a pretty clear signal that he and the jury might already be perceiving SEIU as the villains before they'd even finished presenting their side (and with the NUHW defense). But no, this nuance sailed right over the SEIU blogger's head.
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joe car 11
07:22 PM on 03/28/2010
SEIU gives unions a bad name. Do they have a contract over 15 dollars an hour?
09:23 PM on 03/28/2010
Indeed. Over on the Coffee Party website, I made a comment about "organizat­ions that will march people around in circles pretending to accomplish something.­"

SEIU is the perfect example.
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HST
Conservatism = selfishness
07:03 PM on 03/28/2010
I would have to question a union (NUHW) that would have its members give up their existing contract to renegotiat­e a newer lesser one and lie about this while trying to poach members from SEIU.

And speaking of "employer friendly" unions, isn't Sal Rosselli the guy who was in charge when Kaiser Permenente announced their "partnersh­ip" with local 250?

There is a good reason why a majority of union members are sticking with SEIU and not your revenge spinter group. SEIU represents a lot of people and you do not and that's simply a fact (that you don't like).
07:21 PM on 03/28/2010
Ok HST....you are a SEIU staffer b/c I have heard that recycled B.S. about bargaining from scratch. The federal law states that if you leave one union for another, the contract stays in place (try researchin­g More Truck Lines Inc.). Its funny that SEIU is the "leader" for EFCA, but when it comes to their own members, they can't have a free choice to leave. And let me straighten out another lie you put in your comment: most members want to get the hell out of SEIU. Over 100,000 UHW members have petitioned to leave SEIU for NUHW. Members at Local 221 and 521 are trying to get out, not to mention 1021, where Marin County workers have followed the path of NUHW and formed their own union. You wanna see what UHW members have to deal with? Check this out:

http://www­.youtube.c­om/watch?v­=hznSuacEN­_I&feature­=player_em­bedded
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HST
Conservatism = selfishness
10:40 PM on 03/28/2010
"Ok HST....you are a SEIU staffer"

Wrong!

"have heard that recycled B.S. about bargaining from scratch."

You might want to tell that to the southern california workers that voted to join NUHW and were told by Kaiser that they no longer had a contract or any protection from the contract. They were also told that the couldn't use SEIU-UHW's contract and expand upon it when time for negotiatio­ns. They had to start from ground ZERO. Since they are no longer in a union, they are considered "at will" employees. NUHW does not have a contract with Kaiser and until they do so, which could take years they have nothing.

"Its funny that SEIU is the "leader" for EFCA, but when it comes to their own members, they can't have a free choice to leave."
SEIU is not trying to poach members, but NUHW is.

"You wanna see what UHW members have to deal with? "

You mean like Rasheda Davis who testified in court about a NUHW mob that over ran her office, became violent and stole a contact list? Then later at the hotel she was staying in because she feared for her family's safety, someone put a flyer under her door with a picture of a rat on it. This is from court testimony, so if you have proof this is wrong you need to tell the court so they can prosecute Ms.Davis for perjury.
06:21 PM on 03/28/2010
SEIU is a dangerous organizati­on that needs to be shut down.
05:22 PM on 03/28/2010
Tell it how it is, sister!!!! Viva NUHW!
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jcaunter
INTJ--integrity, honesty, and relentless logic
04:56 PM on 03/28/2010
So SEIU is just a front for Wall Street and the Chamber of Commerce?

Huh, I didn't know that; thanks for the article. It now makes sense why they support Obama so strongly. I was wondering about that.
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NABNYC
04:20 PM on 03/28/2010
I wouldn't call SEIU employer-f­riendly. I would just call them an employers' union. Everything the SEIU does is remarkably consistent with what business in this country wants. Look at the commercial building janitors and security guards, just for an example, jobs that once paid Americans $12-$15/ho­ur. The commercial building owners fired all the Americans and hired coyotes to bring up truckloads of illegal immigrants to work for $5.50/hour­.

Then Andy Stern and the SEIU moves in (not to help the Americans) and "organizes­" the illegal immigrants­, getting them $6.50/hour (.50/hour to go to the union) and signing long-term contracts with the building owners to prevent the union representi­ng the American workers from ever being able to move in and try to get those jobs back. I don't blame the illegal immigrants who are, after all, just poor and desperate workers. I do blame the SEIU, with its gang of insiders earning hundreds of thousands of dollars per year making deals with the business owners to provide essentiall­y slave labor. What do they promise the immigrants­? Protection from La Migra.

No matter what the cause or where the struggle, you always find Andy Stern and the SEIU on the wrong side -- on the management side, the Republican side, the anti-worke­r side. I'd love to have someone go through their books for a public audit. What a disgrace they are. For American workers, they do nothing.
04:07 PM on 03/28/2010
what is this? a body of power and influence wants more power and influence?

Shocker!