Friday, May 18, 2018

Kaiser Coalition scrambles as Alliance unions begin bargaining



Here’s the latest.

Next week, the Alliance of Health Care Unions will begin bargaining with Kaiser Permanente, according to sources. The Alliance includes the Teamsters, Steelworkers, AFSCME, American Federation of Teachers, UFCW, ILWU, Operating Engineers and the KPNAA.

What about the Coalition of Kaiser Permanente Unions (SEIU, OPEIU and IFPTE)?

Coalition leaders will meet next Tuesday to discuss their response to Kaiser’s proposal to enter into a new partnership deal with the giant HMO, say sources.

What’s Kaiser’s proposal?

After the partnership unions fractured in two over Dave Regan’s effort to seize more decision-making power, Kaiser gathered representatives from nearly all its unions on May 7 at the Marriott Hotel in Oakland and told them Kaiser would like to become partners with each of the two coalitions. Kaiser handed out a draft partnership agreement -- basically a modified version of the original agreement signed in the 1990s.

The new agreement has provisions that appear to be designed specifically to deal with SEIU-UHW's Dave Regan and the problems that swirl around him like stripes on a candy cane.

For example, one new provision would bar members of the partnership from backing “harmful” ballot initiatives or legislation. It looks like Kaiser adopted the same language that Regan penned into his secret deal with the California Hospital Association in 2014. The draft agreement reads:
Members of the Partnership, including KP and all individual local unions who are members of the Partnership, shall not pursue, sponsor or support legislation or ballot initiatives, which are specifically targeted at and the primary purpose of which is to harm another member of the Partnership. A Member of the Partnership who violates this section shall be expelled from the Partnership…

Another new provision would allow unions to expel a union from the partnership by majority vote. We can call this the “Dave Regan rule.” The draft agreement says:
…there may come a time when a majority of Union Parties believe there is cause to expel an individual union party. Should this occur, the Union Parties may expel an individual union party by majority vote of the senior union leadership designated from the union parties (not counting the individual union to be expelled).

Meanwhile, Regan and the Coalition have been stung by Kaiser’s announcement that it will not negotiate a “national agreement” with the Coalition this year. The current “national agreement” expires on September 30, 2018.

Earlier this week, the Coalition filed an “unfair labor practice” charge with the NLRB alleging that Kaiser’s action is illegal. (See a copy of the Coalition’s leaflet below.) The NLRB will now conduct an investigation to determine whether there’s any substance to the Coalition’s allegations.

Also, the Coalition asked the leaders of some affiliated unions to send a letter to Kaiser CEO Bernard Tyson to ask him why Kaiser is not bargaining a national agreement with the Coalition this year. Observers describe the letter as “pathetic.” See below.

Meanwhile, NUHW has already scheduled multiple dates this summer to bargain with Kaiser over contracts covering 4,000 workers that expire September 30.

In another interesting move, Kaiser has reportedly asked NUHW to consider forming a more collaborative relationship with the HMO. Sources say NUHW ruled out the idea of joining either of the partnership groups. However, its rank-and-file leaders are reportedly discussing whether they’re open to negotiating one-on-one with Kaiser over their future relationship.