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.

  SEIU-UHW's Appeal Is Denied by California Court of Appeal, Third Appellate District: 04-13-2016 by tastysternburger

"Mr. Regan kept hitting me in the head with his fist… I thought I was going to die," says Process Server

A chest bruise caused by Regan, according to restraining order

A source has provided Tasty with court filings that offer a stunning first-hand account of the attack by SEIU-UHW President Dave Regan on a process server who attempted to deliver legal documents from the California Hospital Association to Regan's home in Kensington, Calif.

The victim's one-page account is contained in a restraining order against Regan issued by Contra Costa County Superior Court on February 29, 2016. 

According to the victim's written description as well as photos of his bruised body, Regan's assault on the evening of February 1, 2016 was highly aggressive and brutal.

The victim's account is contained in Attachment 7a(3)of the Restraining Order. A full copy is below.

Note: Tasty has whited out the victim's first name, address, and contact information in order to protect his privacy. Tasty also whited out a portion of Regan's street address and license plate number for the same reasons. 

Here's the victim's description of what happened on the evening of February 1st at Regan's home:

On February 01, 2016 at approximately 4:00pm, I ______ Adams, Private Investigator for AMO Investigations began stationary surveillance at ___ Beloit Avenue, Kensington, Ca 94708. The reason for this surveillance was to serve legal papers to David Regan, the resident of the above listed address. Upon my arrival there was a green SUV with California license plate 6HIT___ parked in the driveway closest to the entry of the residence.

At approximately 6:32pm I saw a silver SUV drive into the driveway of ___ Beloit Ave. and park to the right of the green SUV. I exited my vehicle and approached the driveway. I started to approach the residence on the driver's side of the green SUV; however I saw a subject exit the driver's side of the silver SUV that matched the photograph that I had of David Regan and begin to walk to the rear of his SUV. I redirected my approach and met Mr. Regan at the rear of his SUV. I identifed myself and told him I was there to serve him some paperwork. Mr. Regan asked me what the paperwork was, I told him I didn't know. Mr. Regan told me he did not want the paperwork and walked away. Mr. Regan walked towards the passenger side of his SUV. I told Mr. Regan I would place the paper work on his car. I placed the paper work on the hood of Mr. Regans SUV and took video of the paper work on his SUV. I turned the video off and as I did I was pushed extremely hard from the left knocking me to the ground in front of the green SUV that was parked in the driveway. While I was on the ground I kept trying to get up; however Mr. Regan kept pushing me to the ground and hitting me in the head with his fist. I told Mr. Regan to stop, that I was leaving; however he continued to hit me and push me to the ground everytime I tried to get up. Fearing for my safety, I told Mr. Regan I was calling 911 with my cell phone. As I attempted to call 911 Mr. Regan kicked me on the right side of my chest knocking the wind out of me and causing an extreme amount of pain and making it very difficult to breath. As Mr. Regan continued to kick me in the chest I was able to use my right arm to block an additional kick. Mr. Regan kick me in the right arm with an extreme amount of force that made it very hard to use my right hand or arm. I though that he had broken my arm. I agin told Mr. Regan to stop and tried to call 911. I had my phone in my left hand trying to call 911 and Mr. Regan continued to kick me as he attempted to take my phone away from me. I was certain that if Mr. Regan was able to get my cell phone away from me he would have beaten me unconscious. At one point Mr. Regan was able to get his hand on my cell phone and attempt to pry it out of my hand. I rolled over, breaking his grip and placing my left hand under my body to prevent him from taking my cell phone.

At this point Mr. Regan left and I was able to get up and get to my vehicle where I called 911. The extreme amount of violence and force Mr. Regan used against me was so sever that I continue to have pain and nightmares. I've had to start counseling and I am not able to continue my job where I'm able to serve legal paper work. I thought I was going to die that

(Note: It appears that the statement's final words were inadvertently missed when the records were photocopied.)

Regan’s attack has already made headline CBS news in the San Francisco Bay Area. According to police officials, the District Attorney is currently reviewing the incident to determine whether it will file criminal charges against Regan.

What's next?

 

SEIU's Dave Regan

If even half of the details of the assault are true, it's hard to imagine how Regan can remain in office as a national Vice President of SEIU as well as the President of SEIU-UHW, a union of hospital workers.

Regan already has a record of spearheading a violent 2008 assault against union reformers at a national Labor Notes conference, which ended in the death of one SEIU member and injuries sustained by conference participants. He's also a defendant in an ongoing civil suit alleging his use of threats and violence against his union's own members and his critics. 

Will SEIU President Mary Kay Henry really tolerate such violence by one of its leaders... especially against a legal delivery person who could just as easily be a member of SEIU?

  SEIU-UHW President Dave Regan's Assault as Described by Process Server: 02-01-2016

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.

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. 

  Proof of Service of Summons on SEIU-UHW President Dave Regan: February 1, 2016