Tuesday, May 3, 2016

SEIU-UHW's Dave Regan Chalks up More Losses in Legal Battles over Secret Partnership Deal with Hospital CEOs

SEIU-UHW's Dave Regan
Here’s the latest on SEIU-UHW’s legal battles with its erstwhile corporate partners at the California Hospital Association (CHA).

In recent months, the two organizations filed dueling lawsuits after their secret partnership deal exploded in flames.

Under the defunct partnership deal, SEIU-UHW President Dave Regan agreed to deliver $6 billion in public Medicaid funds to hospital CEOs in exchange for the right to unionize up to 60,000 California hospital workers without employer opposition.

Regan also agreed to help hospital bosses by forcing workers into cheap labor contracts and silencing them with a “gag clause” that blocks workers from filing complaints against hospital corporations for patient care violations.

Who’s winning the dueling lawsuits?

The CHA.

In mid-March, a Sacramento Superior Court judge ruled in favor of a CHA lawsuit that seeks to force SEIU-UHW into binding arbitration over its alleged violations of the secret “gag clause.” 

SEIU-UHW, after losing in Superior Court, then appealed the judge’s decision to the California Court of Appeal (Third Appellate District) on April 6. 

Just two days later, however, the appeals court “summarily denied” SEIU-UHW’s appeal. (See a copy of the Appeal Court’s order below.)

What happens now?

An arbitrator will conduct hearings on SEIU-UHW’s alleged violations of the partnership deal and will then issue a binding decision. The arbitrator’s hearings -- which are private -- apparently began on April 13.

Meanwhile, the CHA is trying to gain an upper hand over a lawsuit filed by SEIU-UHW in Sacramento Superior Court in November.  In February, Regan became so worried about the viability of his lawsuit that he unilaterally dropped the suit… only to re-file it days later in Los Angeles, some 500 miles away, in an apparent game of legal hide n’ seek.

On May 20, a Los Angeles judge will hear CHA’s request to send Regan’s lawsuit back to
Sacramento, where it would be handled by the same judge who already ruled against SEIU-UHW on the first lawsuit.

Finally, there are the multiple civil and criminal actions connected to Regan’s alleged violent assault on a process server who tried to deliver CHA court documents to Regan’s home in a wealthy suburb of the San Francisco Bay Area.

In both February and March, a Contra Costa County Superior Court judge issued temporary restraining orders against Regan. Just two weeks ago, the judge issued yet another legal order -- a “restraining order for civil harassment” against Regan, which will last for a lengthier period of time.

As far as the criminal investigation into Regan, the Contra Costa District Attorney’s Office is continuing its review to determine whether it will file criminal charges against him.

Earlier, Tasty published the victim’s jaw-dropping account of Regan’s assault… which includes photos of the process server’s bruised body resulting from Regan’s kicks to his body and punches to the head.

Here's a copy of the California Court of Appeals decision denying Regan's recent appeal of a judge's decision regarding his secret partnership deal with the California Hospital Association.