Thursday, February 25, 2016

SEIU-UHW's Dave Regan Runs for Hills, Dropping Lawsuit against Hospital Association

SEIU-UHW President Dave Regan has suffered yet another setback in his $25 million quest to forge a secret "partnership" with the California Hospital Association (CHA).

According to court records, Regan has voluntarily dropped a lawsuit that SEIU-UHW filed against CHA’s top officials just 12 weeks ago.

Here's what's going on:

In November, CHA officials announced they were ditching Regan in favor of their new pals at the SEIU California State Council and the California Teachers Association. Like a jilted lover, Regan angrily sued CHA CEO Duane Dauner in Sacramento County Superior Court, alleging Dauner violated their secret "partnership" deal and was a "saboteur."

The CHA then counter-sued Regan, asserting that SEIU-UHW is barred from filing any lawsuits against the CHA due to a secret gag clause signed by Regan.

The gag clause, which has now emerged in court documents, not only prohibits SEIU-UHW from suing hospitals or their execs, it also blocks the purple union from "raising concerns about... executive compensation in health care," initiating or supporting legislation that's "adverse to the interests of the hospital industry," saying "derogatory" things about corporations and their bosses, etc.

When a process server attempted to deliver legal documents to Regan's home on behalf of the CHA, Regan allegedly pushed the process server down the stairs of his home, breaking his arm. The District Attorney will decide whether to file criminal charges against Regan, according to CBS News.

As for the dueling lawsuits in Superior Court, it looks like the CHA has come out on top.

Earlier this month, SEIU-UHW quietly dropped the lawsuit it filed just weeks earlier amidst beaucoup hoopla.

Here's an excerpt from a sworn declaration submitted to the judge by Matthew Silveira, an attorney for the CHA, describing the phone call and e-mail he received from SEIU-UHW's attorneys announcing "that UHW had filed a Request for Dismissal of this action in its entirety."

Additional court records (see below) confirm that SEIU-UHW has voluntarily withdrawn its entire lawsuit against the CHA.

Bruce Harland: Adios!
So what happened?

Tasty’s hunch is that Ragin’ Dave Regan and his hack attorney, Bruce Harland of Weinberg, Roger and Rosenfeld, simply f*cked up. 

Back in November, they were so hot to sue the CHA that they simply failed to pay attention to the massive gag clause and arbitration clause that plainly blocked SEIU-UHW from filing a suit. 

Harland actually helped to negotiate the gag clause. Go figure.

Perhaps that's why Regan, in mid-January, dumped Harland and replaced him with a second firm, Prometheus Partners of San Francisco.

In February, SEIU-UHW’s new attorney Eduardo Roy submitted a two-page filing to the court stating:
"…UHW has submitted to the Court a Request for Dismissal. Because UHW is voluntarily dismissing its action, there is no threat that CHA's interests could be impaired…"

Here's the full document. Stay tuned.