Dave Regan’s Ballot Initiative Knocks SEIU-UHW out of Kaiser Partnership

Here’s some interesting news from California.

Kaiser Permanente has blocked SEIU-UHW from participating in upcoming bargaining with its “partnership” unions after SEIU-UHW’s Dave Regan filed a statewide ballot initiative targeting Kaiser, according to an internal memo issued by Kaiser executives last week. A copy of the memo along with the ballot initiative is below.

What’s going on?

Here’s what Tasty has learned so far.

Apparently, Regan has become increasingly marginalized by Kaiser’s execs and by the other “partnership” unions in the Coalition of Kaiser Permanente Unions (the “Coalition”). The Coalition, which is made up of 28 unions representing 100,000 Kaiser workers across the US, bargains a national contract with Kaiser once every three years.

In late 2015, Regan sued Greg Adams, a top Kaiser exec, who served on the board of the California Hospital Association (CHA) and was caught up in Regan’s failed ballot initiative targeting the CHA.

Then, in August of 2017, Regan reportedly pissed off the other partnership unions when he tried to change the Coalition’s bylaws in order to give SEIU-UHW virtually all of the power to call the shots during the next round of national bargaining, which begins early next year. Other unions, including AFSCME, rejected Regan’s proposal, which sparked a shouting match during a three-day meeting of the partnership unions in Portland, Oregon.

Apparently, Regan has burnt turf not only with AFSCME but with SEIU locals in both Oregon and Colorado, including his erstwhile buddy Meg Niemi.

And another source reports that Regan no longer has the support of Hal Ruddick, the Executive Director of the Coalition. Ruddick is a former hack staffer at SEIU-UHW whom Regan got appointed to his position at the Coalition. Later, Regan reportedly attempted to have Ruddick fired, but was unsuccessful -- which hasn’t made Regan super popular at the Coalition’s offices.

After failing to convince the partnership unions to give him more power, Regan asked Kaiser’s execs for their help. In an internal memo issued last week, Kaiser's Senior Vice President and Chief Human Resources Officer Chuck Columbus wrote:

…for months now, SEIU-UHW’s leadership has insisted in private meetings that Kaiser Permanente management negotiate with SEIU-UHW as the sole representative of the Coalition in upcoming National Bargaining. In these meetings, SEIU-UHW’s leadership has threatened that if we refused their demands, they would put an initiative on the California ballot that would adversely affect Kaiser Permanente… We said no to SEIU-UHW leadership’s demand.

Meanwhile, Kaiser reportedly has told Regan it plans to propose cuts to SEIU-UHW members’ wage structure in Northern California.

Currently, SEIU-UHW’s members from San Francisco to Sacramento to Fresno are covered by a single pay scale.

Regan and Kaiser Senior VP Chuck Columbus

Kaiser’s execs told Regan they will propose cuts such that future SEIU-UHW hires in Sacramento would earn 10% less than those in the San Francisco Bay Area, while new hires in Fresno would earn 20% less than the Bay Area.

Regan, seeing takeaways on the table and little power inside the CKPU or with Kaiser’s execs, decided to turn to his old stand-by tactic of a statewide ballot initiative. On November 16, he filed an initiative with the California Attorney General (“Accountability in Managed Health Insurance Act”) which would prohibit Kaiser from raising its monthly insurance rates until Kaiser’s capital reserves drop below a certain level.

Kaiser’s response?

Kaiser removed SEIU-UHW from next year’s partnership bargaining, saying Regan’s ballot initiative violates the terms of its partnership deal with SEIU-UHW. Kaiser’s memo says:

In sponsoring this destructive initiative, SEIU-UHW leadership has violated both the spirit and the actual terms of the agreements that set up our valued Labor Management Partnership. Accordingly, we today have informed the leadership of SEIU-UHW that we are withdrawing certain privileges of Partnership from SEIU-UHW due to the union’s outrageous conduct. Among the privileges we have withdrawn is participation of SEIU-UHW in 2018 National Bargaining. 

Kaiser’s memo then takes a shot at Regan and his ballot initiatives:

Over the past few years, SEIU-UHW leadership has used the initiative process to force concessions from various employers. All these efforts have failed. If SEIU-UHW goes ahead with spending the millions of dollars it will take to get this initiative on the ballot, we are confident that once California voters understand the impact on Kaiser Permanente, they will join us to defeat this measure in November.

These developments are quite a turnaround for Regan, who has prided himself on being Kaiser execs’ lapdog.

For example, in 2012 Regan convinced the partnership unions to adopt an invasive corporate wellness program that allows Kaiser to peer inside workers’ bodies and collect blood samples and other “biometric data” so Kaiser can monitor workers’ weight, blood pressure, smoking rate, cholesterol levels and personal lives.

In another episode, Regan directed SEIU-UHW staffers (including Greg Maron and Jared Mayhugh) to work as strikebreakers alongside Kaiser managers to stop SEIU-UHW members from joining strikes by NUHW and the California Nurses Association (CNA) at Kaiser.

And then there are Regan’s famous “wellness walks.” Instead of picket signs and picket lines, Regan gave purple pedometers to SEIU-UHW members and told them to lose weight so as to reduce Kaiser’s health insurance costs.

Regan quickly became known as Kaiser’s Richard Simmons.

If Regan has been such a loyal lapdog to Kaiser’s execs, why is Kaiser now seeking takeaways from Regan?

One observer put it this way: “Because they can.” This observer points to Regan’s failure to build a rank-and-file organization inside Kaiser facilities that can fight takeaways.

A similar explanation comes from RoseAnn DeMoro, the Executive Director of the CNA. At a rally several years ago when Regan was in the throes of his lovefest with California hospital execs, DeMoro predicted that the execs would eventually kick Regan to the curb. “These corporations will treat Regan like they do every class traitor. They’ll toss him aside once he’s no longer useful to them.” (Tasty is paraphrasing DeMoro here.)

The fact that Kaiser is coming after Regan for wage cuts in Northern California is quite a stunning historical reversal.

In the late 1980s, Kaiser unilaterally imposed a similar multi-tiered wage structure across Northern California, which Kaiser workers tried to overturn by waging a seven-week strike. Afterwards, Sal Rosselli was elected president of the union and, during the next 15 years, he and his team dramatically expanded and strengthened the union and successfully eliminated Kaiser’s multi-tiered wage structure in 2005. In fact, Rosselli went even further, negotiating improvements to Southern California Kaiser workers’ wage structures to help close the wage gap with their Northern California co-workers. (Kaiser’s Southern California workers earn substantially less than those in Northern California.)

Since parachuting into California in 2009, Regan has taken no steps whatsoever to address the lower wage rates paid to SEIU-UHW members at Kaiser’s Southern California facilities. And he’s now facing a push by Kaiser execs to re-impose the multi-tiered wage structure that Rosselli successfully eliminated back in 2005.

                                                     

In other words, Regan is poised to possibly deliver a massive failure to tens of thousands of Kaiser workers.

What’s next?

 

Hal Ruddick, the Coalition's Executive Director

The Coalition unions have been conducting surveys and electing bargaining committees to participate in national bargaining, which begins early next year. SEIU-UHW, of course, will be on the sidelines. It won’t bargain with Kaiser until 2019, when its “local union agreement” with Kaiser expires on September 30, 2019.

As far as Regan’s ballot initiative, once it’s cleared by the California Attorney General, SEIU-UHW will need to spend millions of dollars to collect enough voter signatures to qualify the measure for the November 2018 ballot.

By the way, Regan also has filed at least nine other ballot initiatives for the November 2018 ballot, which target Stanford Health Care, DaVita Inc., Watsonville Community Hospital, and Pomona Valley Hospital Medical Center. Regan’s increasing reliance on ballot initiatives raises an interesting question about whether his corporate targets will band together to try to block his use of ballot initiatives as bargaining leverage, as an earlier piece of California legislation appeared to do.

What do Kaiser workers say about Regan’s ballot initiative?

According to Tasty’s contacts, workers had no idea their union’s president had even filed a ballot initiative until Kaiser officials sent them the memo below.

It’s another symptom of Regan’s so-called “innovative 21^st century unionism,” which relies on hiring lawyers to file ballot initiatives rather than organizing workers to build workplace power.

   Kaiser Permanente's memo to employees on SEIU-UHW's Ballot Initiative:12.12.2017 by tastysternburger on Scribd

   SEIU-UHW's Ballot Initiative against Kaiser Permanente in California by tastysternburger on Scribd

“Pretty much everything he says is completely wrong”

SEIU-UHW's Dave Regan

SEIU-UHW’s Dave Regan suffered an interesting smackdown in a March 30 article featured in “Capital,” a New York publication (Dan Goldberg, "Health Union Split Complicates Nurses' Jobs Push,” Capital New York, March 30, 2015).

Remember how Regan partnered with the California Hospital Association in a failed effort in 2012 to roll back California's nurse-to-patient staffing ratio law?

At the time, RoseAnn DeMoro (Executive Director of the California Nurses Association) said the following about Diamond Dave:

“It would be hard to imagine a more immoral and corrupt scenario than for a labor leader to be lobbying other unions to endanger patients on behalf of corporate hospital executives whose only concern is increasing profits.”

Well, this week’s article focuses on a similar split between the New York State Nurses Association and SEIU 1199 New York… but also includes a fiery exchange between the CNA and Regan.

Here's an excerpt from the article. (FYI, the “Greater New York Hospital Association” is the hospital industry's Chamber of Commerce in New York -- equivalent to the California Hospital Association.)

The same tensions that are now developing in New York are present in California where SEIU United Healthworkers West strongly opposes the staffing ratios that [NYSNA Executive Director Jill] Furillo helped put in place, and uses much the same rhetoric as GNYHA [the Greater New York Hospital Association].

“Sadly, California's mandated inflexible nurse staffing ratios have not improved patient care,” Dave Regan, president of SEIU United Healthcare Workers West, said in an email. “…This short-sighted approach is completely at odds with recent innovations in healthcare, which have seen significantly better patient outcomes – at lower costs -- by utilizing a team-based approach."

Charles Idleson, communications director for the California Nurses Association said Regan's statement was “laughable, dishonest and misrepresented life in California."

"Pretty much everything he says is completely wrong,” Idleson said. “He hates nurses. He hates our organization. He has a partnership with the hospital association in California.”

Idleson said Regan's close working relationship with the California Hospital Association blinded him from doing what's right for nurses and patients.

“He has given up trying to engage in typical, traditional labor activity,” Idleson said. “His entire approach is to cut massive deals with employers that benefit the top tier of his union even at the expense of his own members.”

That same charge could be leveled at [SEIU 1199 George] Gresham and [GNYHA President Ken] Raske, who both believe cooperation serves their memberships better than knock-down, drag-out fights.

Nurses: We Beat Back Dave Regan's Deal with Hospital Industry

Remember Dave Regan's dirty deal with California’s hospital industry to undercut the state’s nurse-to-patient staffing law?

Well here's the latest development:  a leaflet announcing that the California Nurses Association beat back "the bid by SEIU-UHW head Dave Regan and the California Hospital Association (CHA)" to roll back the safe-staffing legislation.

For those who don’t know it, the CHA is the Chamber of Commerce for the state’s hospital industry and is run by the CEOs from multi-billion-dollar corporations like HCA, Tenet Healthcare, Kaiser Permanente, Sutter Health, Dignity Health, etc. 

Regan -- in addition to partnering with hospital corporations to slash workers’ benefits -- has partnered with the CHA to undermine patient and worker safety legislation. Here’s how the leaflet from the California Nurses Association puts it:  

Who is Regan’s new partner? The CHA lobbies for the state’s biggest hospital employers to eliminate meals, breaks, and other workplace protections, cut wages and other standards for hospital workers, and to silence the voice of unions.

And here’s another excerpt from the leaflet:

Regan is undermining standards for RNs and other staff with his advocacy for hospital profits. He has signed contract concessions in healthcare coverage and pensions that harm nurses seeking to defend safe working conditions and living standards for their colleagues and families.

Here’s the full leaflet about Regan's dirty deal, which prompted one of SEIU's own officials to famously write: "No idea what Dave was thinking."

Leaflet from California Nurses Association about SEIU's deal with California's hospital industry to attack ...

"It's a war, of that I am certain, and it will not be pretty"

More details are emerging from a growing trail of news coverage about SEIU-UHW Dave Regan’s dirty deal with the California Hospital Association to undermine California’s landmark safe-staffing law. Below are links to two articles along with excerpts featuring scorching attacks on "Wall Street Dave."

Interestingly, the first article describes a new development: namely, “previously unreported letters” between SEIU President Mary Kay Henry and the AFL-CIO’s Rich Trumka that “show the AFL-CIO rebuffing SEIU’s bid for a larger deal to freeze out NUHW.” Check it out. Here are the articles.

Josh Eidelson, “Are Nurses Headed to War with SEIU?,” In These Times, June 19, 2012.

California Nurses Association (CNA) Executive Director RoseAnn DeMoro sent a blistering e-mail to her colleagues: “It is a war, of that I am certain, and it will not be pretty.”

Questioning whether SEIU-United Healthcare Workers West (UHW) President Dave Regan "has any principles,” De Moro called him “dogged, arrogant and an enormous embarrassment to the labor movement.” De Moro, who directs both CNA and its national affiliate, National Nurses United (NNU), charged, “the hospitals believe that they have found a way to weaken the nurses and their union with Regan in their power, and this will lead to some pretty nasty scenarios for the nurses, patients, and of course the union.”

DeMoro called UHW’s Regan “a traitor to his class” and a “symptom” of the increasing “servility” of the mainstream labor movement. Rather than fighting corporations, said DeMoro, “he was doing their bidding. Overtly. Loudly.” Watching it happen, she added, management must be “sitting back, drinking their wine, and laughing their asses off.”

DeMoro suspects that Regan “cut a deal that Kaiser would help stop NUHW in exchange for Regan helping them to go after the nursing ratios.”

Michelle Amber, “CNA Wages War against UHW in California Claiming Attempt to Suspend Staffing Ratios,” Bureau of National Affairs, June 18, 2012.

A war has erupted between two health care unions in California over an attack by one of the unions on the state's nurse-to-patient ratios

DeMoro said she was “stunned, shocked, and horrified” that a health care union, which also represents nurses, would attempt to overturn a regulation that was a huge priority for another union. Contending that Regan is working on behalf of the CHA, she said when a “union works for the bosses, it turns on other unions.”

DeMoro said this is just the latest incidence of Regan working “behind the scenes” with the hospitals against the nurses' interests. She said Regan has accepted concessionary contracts with a number of hospitals for his members.

“When the nurses begin bargaining at one of these facilities, they have to dig out from the hole UHW has dug that is lower than the employer would have presented” because it agreed to the concessions, she said.

Meanwhile, SEIU’s Dave Regan and Steve Trossman are making a laughable effort to defend their disgraceful actions. They claim they colluded with industry execs in order to give hospitals "relief" from the "dire financial conditions" that will harm lower-income hospital workers.

First of all, California's hospital industry is far from poverty-stricken. It's producing more than $4 billion a year in profits. And it's showering its CEOs -- like Kaiser's George Halvorson -- with million-dollar pay increases. 

Second, Regan is hardly a die-hard defender of workers’ wages and benefits. Let's not forget Regan's track record. He rammed giant concessions down the throats of 3,000 workers at the Daughters of Charity Health System by violating SEIU-UHW’s own constitution! And he and SEIU’s Hal Ruddick  blatantly lied to 14,000 workers at Catholic Healthcare West/Dignity in order to eliminate their defined-benefit pension plan and thereby hand over $217 million in savings to the company in just a single year.  

SEIU's P.R. hacks may try to put Regan in a Superman costume, but the opposite is true. Check out this insightful image, crafted by a creative reader, that tells the truth about "Wall Street Dave."  

 

SEIU’s Neal Bisno: “No idea what Dave was thinking”

SEIU-UHW’s Dave Regan is facing mounting waves of backlash after teaming up with hospital corporations to undermine California’s law on nurse-to-patient staffing ratios. In fact, Tasty hears that SEIU RNs in California are so angry they’ve begun contacting other unions for help.

And that’s not all. SEIU RNs from other states are also up in arms. Why? They’re trying to pass their own versions of nurse-to-patient ratio legislation that’s patterned after California’s first-in-the-nation law.

Confronted by the blowback, SEIU officials are back-pedalling away from Regan as quickly as they can. And as they beat their hasty retreat, they’re repeatedly tossing Regan under the bus.

Check out this statement by SEIU Local 121’s Executive Director Sue Weinstein, who discusses the “vocal and passionate reaction by our Registered Nurse members” against Regan’s ratio-busting efforts. The statement says:

We are calling on UHW to declare nurse-to-patient staffing ratios “off limits” in its ongoing work with the California Hospital Association as they explore cost savings and revenue-generating initiatives.

Despite her criticism, Weinstein says she LOVES Regan’s “visionary agreement with the California Hospital Association,” which “holds exciting promise for SEIU and the labor movement.” Hmmm. It sounds like Weinstein actually supported Regan’s deal with the CHA… until she was against it. Nothing like some late-onset cold feet to send Weinstein running for the hills.

Meanwhile, a source sent Tasty an interesting email from Neal Bisno, the president of SEIU Healthcare Pennsylvania and a member of SEIU’s International Executive Board. Here’s an excerpt:

No idea what Dave was thinking - you can rest assured that our local and SEIU are strongly opposed to any suspension or other dimunition of any aspect of the hard-won CA RN to patient ratios law.  We have every intention of continuing to fight for identical legislation. This is a patient safety and patient lives issue, a valuing of nurses issue, a nurses union issue. Unfortunate incident, and rest assured a subject of intense reaction from SEIU Nurse Alliance leaders and members, including myself, inside our union.

Thud!!    That, my friends, is the sound of bus tires rolling over Regan like a well-worn speed bump.

Finally, here’s more news coverage about Regan’s collusion with industry CEOs. The article from “Beyond Chron” features quotes from RoseAnn DeMoro (the Executive Director of the California Nurses Association). She calls Regan “an embarrassment to the labor movement,” “overtly disgraceful,” and describes his arguments as “idiotic” and “drivel.”

She also recounts details from the “emergency” conference call convened by the California Labor Federation’s Art Pulaski during which Regan “made an impassioned speech on behalf of the CA hospital association…"

The article issues this challenge to SEIU President Mary Kay Henry:

Dave Regan is the proverbial “5th Column” in California labor. He has battled UNITE HERE, SEIU Local 1021, NUHW and now CNA on behalf of a vision that the rest of the labor movement rejects...

National SEIU President Mary Kay Henry’s passivity in response to Regan’s shenanigans is remarkable. If she believes silence is the best way to get him to change course, she's been proven wrong time and again. Henry's passivity empowers Regan and is undermining SEIU in California.

Well, Mary Kay?

SEIU-UHW's Dave Regan Joins Hospital Industry to Roll Back Nurse Staffing Law... and Suffers Smackdown

In a jaw-dropping move that’s producing seismic reactions across California, SEIU’s Dave Regan revealed just how far he’s climbed into bed with California’s hospital corporations. Here’s what’s going on.

On Thursday, Regan teamed up with the California Hospital Association to try to roll back a California law that requires hospitals to meet minimum nurse-to-patient staffing ratios designed to ensure safe care for patients. These safe-staffing ratios have been in place for 40 years in ICUs, Neonatal ICUs and ERs. And in 2004, the California legislature extended staffing ratios to other hospital units like oncology, medical-surgical and pediatric units.  

As caregivers and their unions pushed for the ratios, the California Hospital Association (CHA) aggressively fought them, even spending millions of dollars on an unsuccessful lawsuit to overturn the law. Why?

The CHA is the “chamber of commerce” for California’s hospital industry. It’s run by multi-billion-dollar corporations like Kaiser Permanente, Dignity Health, Sutter Health, HCA and Tenet Healthcare. For these companies, fewer staff means more profits. In 2010, for example, California’s hospital industry earned more than $4.4 billion in profits.

After the industry failed to roll back the ratios through lobbying and lawsuits, they enlisted their new pal, Dave Regan, to engineer a back-door legislative maneuver to achieve the same outcome. On Thursday, Regan and the CHA tried to insert language into a “trailer bill” attached to California’s state budget. The “trailer” would suspend the ratios during any meal and rest breaks. According to SEIU’s “talking points,” this initial rollback of the law would save hospital corporations more than $400 million.  

So… was “Wall Street Dave” successful in his underhanded efforts to roll back the ratio law? Not by a long shot. Instead, Regan suffered a series of head-spinning smackdowns that one source described as “utterly humiliating.” Here’s what happened:

On Thursday, Regan dispatched members of the SEIU California State Council, headed by Bill Lloyd, to the State Capitol in an effort to find a single California legislator who would “sponsor” the trailer to the budget bill. End result? Not a single legislator agreed to put their name on the bill!

Next, Regan called his buddy Art Pulaski at the California Labor Federation, AFL-CIO. Pulaski, who was formerly married to SEIU’s Josie Mooney, agreed to convene an “emergency” phone call of the Federation’s Executive Council, which is made up of union leaders across the state.

During Thursday night’s call, Regan personally pitched his proposal to the Executive Council and then asked the labor leaders to endorse CHA/SEIU's effort to roll back the ratio law. Regan argued that the hospital industry needed relief from the law in order to improve its profitability. (Apparently, $4.1 billion isn’t enough for Dave's buddies at the CHA.) SEIU’s Bill Lloyd also spoke in favor of the proposal.  RoseAnn DeMoro (the Executive Director of the California Nurses Association) spoke against it. 

In the end, the Executive Council voted 60-2 against Regan’s proposal! Regan’s only two votes came from SEIU officials: Bill Lloyd and Mike Garcia of SEIU Local 1877.

In case Regan’s backside wasn’t stinging enough, yesterday the California Labor Federation sent this letter to California’s governor and legislative leaders, stating:

The California Labor Federation opposes any proposal to suspend nurse-to-patient staffing ratios during meal and rest periods. Such proposal would endanger both patient safety and worker health and safety, two core values we support and defend. We ask you to not include this proposal in any budget trailer bill or legislation to come.

And in a press release issued last night, the CNA’s RoseAnn DeMoro delivered this body blow to Regan:

It would be hard to imagine a more immoral and corrupt scenario than for a labor leader to be lobbying other unions to endanger patients on behalf of corporate hospital executives whose only concern is increasing profits.

Meanwhile, a source sent Tasty an email from CNA leaders with this reference to Regan:

Nurses are miracle workers, but grafting testicles on someone is outside of our scope of practice.

Ouch!!!

And earlier today, one of NUHW’s RN leaders sent this email blast to healthcare workers across California, including SEIU’s members. Also, here's news coverage of Regan's debacle.

Tasty hears that Regan will be facing more smackdowns in the days ahead. 

Before launching his harebrained scheme, Regan somehow forgot that five SEIU unions in California happen to represent 16,000 Registered Nurses, including SEIU Locals 1021, 121, 721, 521 and 221. Oh... and these RNs are BIG big fans of the same ratio law that Regan is trying to undermine. Tasty wonders what the RNs think about SEIU just about now…

Second, Regan’s effort on behalf of some of California’s largest companies has further isolated Regan -- and SEIU -- from the rest of California’s labor movement. One person described Regan’s effort this way: “Labor should never put takeaways on the table for labor.” Another said: “What’s next? Will SEIU want to roll back laws on lunch breaks and overtime?” Tasty got other emails calling Regan “the hospital association’s toady” and “a disgrace.”

Lastly, Regan’s apparent role as a CHA lobbyist has focused new attention on his “visionary” partnership deal with the CHA, which Regan and the CHA signed last month. Regan has famously refused to allow SEIU-UHW’s own members to read the “ground-breaking” agreement, as SEIU's Steve Trossman described it. In fact, rank-and-file members of Regan’s own union filed disciplinary charges against Regan for refusing to share a copy of his secret pact with the CHA.

What does the deal say? It’s clear that the Bosses are buttering Regan’s bread. But how much butter? Is the CHA bankrolling Regan’s efforts to undermine caregivers and patients across the state?

It looks like “Wall Street Dave” has tied SEIU into so many knots that it’ll take at least a month to figure things out. That is… if Regan can extract himself from the Bosses’ bed for long enough to attend to such matters.

Tasty especially likes the following homemade graphic, sent by a reader, that captures workers’ attitudes about Dave Regan and his real bosses: