Thursday, March 24, 2016

SEIU-UHW's Dave Regan Is Hit with Restraining Order

The process server whose arm was reportedly broken by SEIU-UHW President Dave Regan has requested a restraining order against Regan in Contra Costa County (Calif.) Superior Court, according to court records. 

The process server filed the "Request for Civil Harassment Restraining Order" on February 29, 2016. 

Apparently, Regan has already been hit with a temporary restraining order, or "TRO." 

Earlier this week, Regan was supposed to appear in front of a judge to respond to the legal action, but instead sent a "representative" in his place. According to a source who attended the hearing, Regan's representative told the judge he was authorized to enter into mediation with the process server on Regan's behalf. The judge then instructed the two sides to leave the courtroom and begin mediation to see if they could amicably resolve the issue.

Apparently, the mediation was unsuccessful.

Later that day, the process server asked the court to re-issue a temporary restraining order (TRO) against Regan. The judge also scheduled a hearing for April 18 to consider the process server's request for an ongoing restraining order against Regan.

This legal process follows a violent incident in which Regan pushed a process server down the stairs of Regan's Kensington, Calif. home, causing the injuries, according to CBS News.

The process server was attempting to deliver legal documents to Regan on behalf of the California Hospital Association, which is engaged in dueling lawsuits with Regan after Regan reportedly violated a "gag" clause contained in a secret "partnership" deal with the Hospital Association.

Regan also may face criminal charges for his arm-breaking assault. According to CBS News, the District Attorney is reviewing the incident to determine whether it will file criminal charges against Regan. 
Dave Regan

When a Kensington police officer responded to the initial incident at Regan's house, Regan "was aggressive and tried to intimidate the officer," according to CBS.

Thus far, the DA's office has not announced the outcome of its investigation. 

In addition to being the president of SEIU-UHW in California, Regan is a Vice President of SEIU International in Washington, DC and serves on SEIU's International Executive Board.

Wednesday, March 16, 2016

Source: SEIU-UHW's Dave Regan Broke Process Server's Arm

A source has revealed that SEIU-UHW President Dave Regan broke the arm of a process server who last month attempted to serve him with legal papers on behalf of the California Hospital Association (CHA).
                                                                              CBS News earlier reported that Regan pushed the process server down the stairs of Regan's Kensington, Calif. home, causing injuries that required attention from medical personnel.

According to Tasty's source, Regan actually broke the process server's arm.

Tasty also learned that the process server has taken legal action against Regan in civil court.

In a separate legal process, the District Attorney is reportedly reviewing police records to decide whether to file criminal charges against Regan.

Sources also identified the date and time of Regan's alleged assault on the process server. According to a "Proof of Service of Summons" posted below, a process server delivered a copy of the CHA's lawsuit to Regan's home on Monday, February 1, 2016 at 6:30pm.

The document, which names Regan and identifies his home address, states:
"I personally served the documents listed in Item 2 to the party or person authorized to receive service of process... on 02/01/2016 at 06:30pm."

So what were the documents that provoked Regan’s rage?
SEIU's Dave Regan
It was the CHA's counter-suit against SEIU-UHW.  

The lawsuit, filed January 26 in Sacramento County Superior Court, seeks to block Regan's November 2015 lawsuit against the CHA and to force SEIU-UHW into arbitration over its alleged violations of a secret "gag clause." In 2014, Regan signed the "gag clause" as part of his "partnership" agreement with the CHA.

Item 2 of the "Proof of Service," posted below, details the documents that were served on Regan on February 1:
Petitioner California Hospital Association's Notice of Petition and Petition to Compel Arbitration; Memorandum of Points and Authorities; Notice of Related Case; Declaration of Gail M. Blanchard-Saiger in Support of Petition to Compel Arbitration; Declaration of F. Curt Kirshner, Jr. in Support of Petition to Compel Arbitration.

What's the status of the CHA's counter-suit?

In recent days, a Superior Court judge handed the CHA a victory in its countersuit by ordering SEIU-UHW's to submit itself to binding arbitration due to its alleged violations of the secret "gag clause." Until now, Regan has refused to go before an arbitrator.

It's unclear what financial and other penalties may be imposed on SEIU-UHW by an arbitrator. 

Tuesday, March 8, 2016

SEIU-UHW's Dave Regan Takes His Ballot Initiative Bamboozle to Arizona

Dave Regan has begun circulating a copycat ballot initiative in Arizona as part of his latest attempt to pressure the California Hospital Association (CHA) into signing another secret sweetheart deal with SEIU-UHW.

According to internal SEIU-UHW documents, Regan hopes the threat of an Arizona ballot initiative will leverage several large multi-state hospital corporations to convince CHA’s Duane Dauner into inking another deal with Regan in California.

Regan's Arizona initiative -- called the "Hospital Executive Compensation Act" -- would cap hospital executives' pay at $450,000 per year. It’s identical to the initiatives that Regan filed -- and has twice withdrawn -- in California.

According to records from the Arizona Secretary of State (see below), SEIU-UHW staffers Arianna Jimenez and Cass Gualvez filed the initiative on February 12. By July 7, SEIU-UHW must collect more than 150,000 valid signatures in order to qualify the measure for the state's November 2016 ballot.

An internal SEIU-UHW document discusses Regan’s filing of a California measure (the "Hospital Executive Compensation Act of 2016"), for which SEIU-UHW is now circulating petitions among voters.

The document goes on to state that SEIU-UHW filed "a similar Executive Compensation initiative…in Arizona where several of our employers such as Dignity [Healthcare], Tenet [Healthcare] and CHS [Community Health Systems] are big players in the market." (See full document below.)

Apparently, Regan hopes that CEOs from the three companies will be willing to do some horse-trading in order to get SEIU-UHW to drop its ballot initiative.

In California, legislators enacted a law that criminalizes using ballot initiatives to extort "any thing of value… for the purpose of withdrawing an initiative petition." (Senate Bill 1253, authored by former Sen. Darrell Steinberg). The law was enacted after two rounds of Regan's ballot initiative bamboozle.

For four years, now, Regan’s ballot initiative strategy has been an utter (and massively expensive) failure in California. Regan has poured more than $25 million of SEIU-UHW members' dues into the initiatives. Nonetheless, Regan's "partnership" dreams have exploded in flames as California hospital executives abandoned and then sued SEIU-UHW in response to Regan's violation of an embarrassing "gag clause" penned by Regan.

Today, Regan is even the subject of a criminal investigation after allegedly breaking the arm of a CHA process server. The criminal probe is reportedly in the hands of the Contra Costa County District Attorney.

What's next?

SEIU-UHW's members should get ready to see millions more of their dues dollars disappear down the purple toilet.
Regan selling snake oil to the California public
And Arizonans should be prepared to see Regan deliver his best impersonation of a traveling snake oil salesman. As he did in California, Regan will shower the public with lies about how SEIU-UHW will use the ballot initiative to fight the Good Fight for the Little Man against fatcat CEOs.

But make no mistake, Arizonans. Wall Street Dave has twice "played" Californians like so many pawns on a board game. After promising populist-sounding reforms, Regan will sell you out at the drop of a hat so he can seal his own deal with hospital CEOs. 

In fact, in California, Regan not only dumped SEIU-UHW's ballot initiative in exchange for a secret deal with CEOs, he also signed a gag clause that blocked SEIU-UHW, its members, and allies from even uttering a peep about CEOs’ multi-million-dollar paychecks for a multi-year period. So much for the public interest!

This, my friends, apparently is Regan's "innovative" strategy for "rebuilding" the labor movement… by, umm, destroying the public's trust in unions that should be fighting against the billionaire class rather than secretly colluding with them.

Friday, March 4, 2016

Judge Hands Victory to Hospital Association in Latest Legal Battle with SEIU-UHW's Dave Regan

Here's the latest news from the revealing legal battle between SEIU-UHW and the California Hospital Association (CHA).

Earlier this week, a Sacramento Superior Court judge handed the CHA a victory in its counter-suit against Dave Regan. The judge ordered SEIU-UHW to submit itself to binding arbitration due to its alleged violations of the secret "partnership" agreement Regan signed in 2014. Until now, Regan has refused to go before an arbitrator by claiming SEIU-UHW is no longer bound by the arbitration clause.

Not so, says the judge.

SEIU-UHW is liable for Regan's violations because Regan committed the violations while his secret deal with the CHA was still in effect, according to the judge’s ruling. (See a full copy below.)
Petitioner CHA seeks an Order under California Code of Civil Procedure section 1281.2 compelling arbitration before Arbitrator Richard Ahearn of three complaints brought by CHA against Respondent SEIU, United Healthcare Workers-West under the parties' written arbitration agreement… 
Petitioner California Hospital Association's Petition to Compel Arbitration is granted.

Which three complaints will now be sent to arbitration?

Here's where this lawsuit gets especially interesting. It reveals the dirty details of Regan's secret sell-out "partnership" deal with hospital CEOs. As part of this deal, for example, Regan agreed that SEIU-UHW would not "sponsor or support legislation, initiatives, or regulatory action adverse to the California hospital industry" or even make comments "raising concern about... executive compensation in health care."

What? A labor union that can't even whisper a peep about CEOs' fatcat salaries? Or support legislation that the Bosses don't like? Or file complaints against hospitals that violate patient-care standards? This, my friends, is SEIU-UHW -- the Bosses' union.

Here's how the judge describes three specific provisions of Regan's sellout deal (a.k.a., "the Code of Conduct") that’ll now be arbitrated:

CHA's First Complaint concerns an email UHW sent to a number of California hospital executives in November, making numerous derogatory statements about CHA and its leadership. CHA's November 15, 2015 arbitration complaint alleged that the derogatory language UHW used in the email violated Section I(B(I) of the Code of Conduct which requires that the parties' address their differences in a "positive manner" and refrain from "personal attacks or derogatory comments."
In its Second Complaint CHA alleged that UHW's sponsorship and support of the Hospital Executive Compensation Act of 2016 violated Sections 1(B) and 11(C) of the Code of Conduct by which UHW agreed not to "sponsor or support... initiatives adverse to the California hospital industry" or make comments "raising concern about... executive compensation in health care."
CHA's Third Complaint in arbitration concerns the lawsuit UHW brought against four CHA officers, accusing them of violating a fiduciary duty to CFC and committing various torts. (Sacramento Superior Court Case No. 2015-00187138-CU-CO-GDS) Among the Anti-Employer activities Section 1(B)(2) expressly prohibits is "litigation" that is "directed at or with respect to CHA... and any of [its] officers, directors, managers or shareholders." CHA contends that UHW's lawsuit breaches the provision…

Stay tuned.