It's true! An NLRB Administrative Law Judge issued a 34-page decision (see below) that overturns the results of the largest private-sector union election in 70 years because of multiple legal violations committed by SEIU and Kaiser Permanente. According to the decision:
The mail ballot election held between September 13 and October 4 was set aside because the National Labor Relations Board found that certain conduct of SEIU-UHW West in the circumstances of unfair labor practices committed by Kaiser Foundation Hospitals and Southern California Permanente Medical Group among three professional collective-bargaining units of Kaiser employees in Southern California interfered with the employees' exercise of a free and reasoned choice among employees in the following unit... Therefore, a new election will be held in accordance with the terms of this notice of election.
Translation??? The judge said that, first of all, Kaiser violated federal labor law by withholding $2 million in pay and benefits from 2,500 Southern California professional workers after they voted to join NUHW in January of 2010. Next, SEIU used Kaiser's illegal action to threaten 43,000 service and technical workers (who were preparing for their own vote) by telling them that they too would lose their pay and benefits if they voted for NUHW. The judge put it this way:
Kaiser's ULPs figured as silent, menacing reminders that Kaiser not only could, but already had, unilaterally withheld benefits when other employees had chosen to be represented by NUHW.
The judge gave a special smackdown to Ben Chu, the President of Kaiser's Southern California Region, who told workers at a region-wide employee townhall meeting before the election that they would lose their guaranteed bonuses if they voted for NUHW.
Further, SEIU was joined in its warnings by Kaiser's President Chu, who informed employees that only members of coalition unions were guaranteed PSP incentive bonuses.
(Yo Judge... any chance you can you send Ben Chu to the Big House for threatening workers with illegal pay cuts?)
Altogether, what a huge victory!! For all the workers who were forced to experience months of SEIU's lying and bullying plus Kaiser's disgusting collusion with its "preferred union," this is a giant victory that's sending shock waves across the nation. Congrats!
Judge's Decision overturning the results of an NLRB election for 43,000 workers at Kaiser Permanente hospit... by
