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

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.

  SEIU-UHW's Arizona Ballot Initiative: "Hospital Executive Compensation Act of 2016"

  SEIU-UHW Internal Document on Ballot Initiatives: 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.

  Judge's Order Compelling SEIU-UHW to Undergo Arbitration for Violating Terms of Secret Deal with Calif...

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.

  SEIU-UHW's Request for Dismissal of Lawsuit versus the California Hospital Association: 02-04-2016

CBS Video: SEIU-UHW President Dave Regan Accused of Assault

Here's the footage from CBS News in San Francisco.

It describes the police investigation into SEIU-UHW President Dave Regan’s alleged assault on a process server who attempted to deliver legal documents to Regan on behalf of the California Hospital Association.

Regan, who also serves as a Vice President of the Service Employees International Union, is now apparently hiding from reporters.

Regan's attorney, when contacted by CBS News, offered the following (super credible) explanation for Regan's assault in which he pushed a court worker down the stairs (whose injuries required medical attention) and then attempted to intimidate a police officer:

"... this is an outrageous attempt of intimidation by the California Hospital Association… the process server tried to intimidate Mr. Regan and his 9-year-old daughter… and refused to leave the home when asked."

Way to go, Dave!

This story aired at the top of CBS's 6:00 pm newscast on February 16, 2016.

Breaking: SEIU's Dave Regan Makes CBS Headline News for Assaulting Hospital Association's Process Server and Intimidating Cop

CBS Channel 5 News Footage

Last night, CBS News kicked off its evening newscast in San Francisco with the following lead story: "Union Vice President Accused of Assaulting Process Server Outside Kensington Home, Intimidating Cop."

This morning, Politico picked up the story in its "Morning Shift" publication with a piece entitled: "SEIU VP Accused of Assault."

Regan, who is the President of SEIU-UHW, also serves as a Vice President of SEIU International, based in Washington DC. In recent weeks, he reportedly broke the arm of a process server who was attempting to deliver court documents, authored by the California Hospital Association, to Regan's home in Kensington, Calif.

Here's a print version of the CBS New story:

Union Vice President Accused of Assaulting Process Server Outside Kensington Home, Intimidating Cop

February 16, 2016 5:30 PM

By Emily Turner

KENSINGTON (CBS SF) — The vice president of a union representing two million members has been accused of assaulting a process server at his Kensington home, and intimidating a police officer investigating the incident.

Dave Regan is accused of pushing a process server down the steps of his Kensington home, refusing to be served legal documents in a dispute with the California Hospital Association.

Police say the server was injured and had to have medical treatment.

When police got to Regan’s home, they say he was aggressive and tried to intimidate the officer.

Kensington police Chief Kevin Hart says the case is now headed to the District Attorney’s office.

“There may be video that we are trying to obtain to get a better idea before we turn that all over to the DA,” Kensington Police Chief Kevin Hart said.

Regan is a union heavyweight.

He is president of the SEIU’s-United Healthcare Workers West, which represents more than 150,000 workers in California, and he’s a vice president of the larger SEIU, which has two million members.

 He is known in union circles for his sometimes combative behavior, with one union blog going so far to call him an SEIU thug.

 In 2008, Regan was at a now notorious labor meeting in Michigan that erupted into violence. In 1995, police in Ohio arrested him for disorderly conduct.

Tasty doesn't yet have video footage of the TV story, but will post it as soon as he does. 

SEIU's assault on Labor Notes

It reportedly includes an interview with the Chief of the Kensington Police Department, a statement from Regan's attorney, discussion of Regan's 2008 violent assault on the Labor Notes Conference, and Regan's 1995 arrest in Ohio for "disorderly conduct."

Intriguingly, the police are now looking for video footage of Regan's alleged assault in Kensington. Tasty's hunch is that Regan’s neighbors have security cameras on their homes, which may have recorded the incident. Kensington is a high-priced residential enclave with a median home price of $1.1 million.

The emerging details of Regan's "Kensington assault" put into sharper focus his history of intimidation, bullying and violence… as well as top SEIU officials' support of Regan's "old school ways."

This history is well-known to insiders, and is even spelled out in a lawsuit that alleges that Regan and other top SEIU officials -- including President Mary Kay Henry and President Emeritus Andy Stern -- violated two California civil rights statutes by carrying out a plan of assault, battery, intimidation, threats and coercion in an effort to silence SEIU's critics.

The suit, filed in 2011, is now heading towards a trial date in San Francisco Superior Court.

It was filed by multiple rank-and-file members of SEIU-UHW, two of whom faced death threats after voicing criticism of Regan and SEIU. Other plaintiffs include elected leaders of NUHW, including Sal Rosselli, who were ousted from SEIU in 2009 after criticizing SEIU leaders' backroom deals with employers and SEIU's undemocratic internal practices.

The lawsuit includes gritty details of the retaliation faced by SEIU's critics, including 25 paragraphs alleging "specific acts of assault, battery, intimidation, threat and coercion directed at plaintiffs and other NUHW supporters by persons purportedly affiliated with the SEIU."

More to follow.