In October 2010 the NLRB certified SEIU (with 61% of the vote) as the victor over the National Union of Healthcare Workers (NUHW with 38%) in a long delayed election for which union would represent the largest unit of healthcare workers at Kaiser Permanente. As Talking Union reported, the NUHW filed charges that SEIU and Kaiser had conspired to prevent a free and uncoerced electoral process, while the SEIU claimed victory and demanded that NUHW accept the results of the election and drop its challenge.
Approximately 43,000 California healthcare workers employed by Kaiser Permanente are now preparing for a re-run of the largest private-sector union election in 70 years after an NLRB administrative law judge recommended throwing out the results of last year’s election between NUHW and SEIU.
According to Judge Parke, SEIU piggybacked on Kaiser’s illegal behavior by threatening the 43,000 workers that they, too, would lose wages and benefits if they voted for NUHW. The judge found that Kaiser’s illegal actions “figured as silent, menacing reminders that Kaiser not only could, but already had, unilaterally withheld benefits when other employees had chosen to be represented by NUHW.”
Judge Parke’s ruling focused attention on the conduct of Kaiser Permanente Regional President Ben Chu who reinforced SEIU’s illegal threats during a large employee townhall forum prior to the election. SEIU “was joined in its warnings by Kaiser’s President [Ben] Chu, who informed employees that only members of coalition unions were guaranteed PSP incentive bonuses.“
Sal Rosselli, president of the National Union of Healthcare Workers, celebrated the judge’s decision: “This ruling is a vindication that workers deserve the opportunity to vote in a climate free from intimidation from either Kaiser or SEIU. Kaiser should be ashamed of its illegal actions in denying frontline caregivers promised wages and benefits and giving SEIU the platform to run its unlawful campaign.”
Writing in a 34-page decision, Administrative Law Judge Lana Parke found SEIU guilty of misconduct that “interfered with the employees’ exercise of a free and reasoned choice” and determined that SEIU broke the law through campaign tactics that “tended to stoke unwarranted and coercive voter fears.”
Prior to the election, Kaiser had unlawfully withheld wage increases and other promised benefits from 2,300 Southern California professional employees and registered nurses who voted overwhelmingly to join NUHW in January 2010.According to Judge Parke, SEIU piggybacked on Kaiser’s illegal behavior by threatening the 43,000 workers that they, too, would lose wages and benefits if they voted for NUHW. The judge found that Kaiser’s illegal actions “figured as silent, menacing reminders that Kaiser not only could, but already had, unilaterally withheld benefits when other employees had chosen to be represented by NUHW.”
Judge Parke’s ruling focused attention on the conduct of Kaiser Permanente Regional President Ben Chu who reinforced SEIU’s illegal threats during a large employee townhall forum prior to the election. SEIU “was joined in its warnings by Kaiser’s President [Ben] Chu, who informed employees that only members of coalition unions were guaranteed PSP incentive bonuses.“
Sal Rosselli, president of the National Union of Healthcare Workers, celebrated the judge’s decision: “This ruling is a vindication that workers deserve the opportunity to vote in a climate free from intimidation from either Kaiser or SEIU. Kaiser should be ashamed of its illegal actions in denying frontline caregivers promised wages and benefits and giving SEIU the platform to run its unlawful campaign.”
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