The real Red Revolt, Fresno style!

Watch the video, it speaks for itself. I have a whole new respect for Carlos Martinez. The fella shown below, John Wilkins, is an amazing guy. I met his at the State capital in the summer and again when down in Fresno helping the Red Team fight the Purple Plague. He's not one to mince words.

How to lose raises and your rights on the job in 6 easy steps!

Memorial hospital management has already begun their anti-union campaign with anti-union memos and one-on-one meetings between supervisors and employees. This week, St. Joseph Health System CEO Kevin Klockenga also sent a memo to all employees telling them that management wants them to vote against unionization. These practices are in violation of standards for fair union elections, and signal that workers’ rights continue to be at risk without an enforceable agreement between the parties.

Wait...what the? Hmmmmm This doesn't seem to square with their previous statement: "We are unwavering in our commitment to our employees, and honoring their dignity and choice on union matters," (shown on second page, second paragraph).

An employer offering anti-union advice is nothing new; Memorial management has released the following flier. I wonder how dumb they think their employees are?

Time to tear apart management style anti-union rhetoric.

1.) Why does the hospital allow union organizers to be in the cafeteria? They really bother me and my coworkers when we just want to eat our lunch in peace. Can we tell them to go away and leave us alone?

They offer a public cafeteria and can't choose who eats there. But should a worker be caught talking with a union rep and a worker willingly accept any written material...management would have you think that's a crime against humanity! As for needing permission to tell someone to go away...I don't believe any worker thinks this. This sounds like a subtle way of getting managements' wishes into the minds of their workers.

2.) In last week's information on union dues, you said that dues for SEIU are higher than for NUHW. Why are NUHW's dues lower?

First off thanks for supporting NUHW with the lower dues argument. A nice and unexpected bonus. Betcha ya didn't mean to say that!

It appears that the Zombies have been feeding propaganda right to the hospital administrators. Does the phrase about NUHW "[i]s going broke and facing a substantial judgment in Federal court" sound familiar? It's right out of SEIU's constant whining you read on the anti-NUHW fliers.

I don't think SEIU wants to further weaken it's position with workers at Memorial and NUHW is trying to differentiate itself from the Purple Plague by not gathering dues until a contract has been negotiated and ratified. Also, dues deductions are handled by the payroll department, not the union. D'oh!

NUHW offers lower dues since it isn't paying off an $87.7 million loan, nor did it squander $10 million in Fresno and frightening and intimidating former members (scroll down to pages 35-37, 48-50).

3.) We were told that the union won't charge dues until we get a contract. Is that true?

When dues are deducted depends on which union is selected. The Zombies have no problem deducting dues for workers who are not yet members, as was the case for homecare workers 8 years ago. It was $10 a month for 4 months but still $10 x 1,800 x 4 = $72,000 for months of no real representation.

4.) Should I worry about paying dues if I am going to vote Neither [no union]?

If viewed as an investment it's a guaranteed return of several hundred percent, every month, no risk. Unless a worker is allergic to money who wouldn't want that?! I pay $32 in dues a month, and get a paycheck that is a couple hundred dollars more than if I weren't represented (at least until October 1, 2010; scroll down to Section 7.1 Wages). If  members made less money with a union would anybody vote for them? Ever?

5.) What happens if none of the three choices gets a majority [at least 50%+1] of the votes?

In the absence of an "absolute majority" winner a run off will be held. Handy tip for preventing a run off: don't throw away your vote by voting for no union or worse the Zombies. They contracts they bargain go downhill pretty fast in subsequent contracts.

6.) I signed the card that authorizes the union to represent me, but I changed my mind. The union and its supporters are telling me that I have to vote for the union. Is that true?

As for being required to vote: this isn't Singapore (where voting is mandatory) --  no one has to vote, ever. However, if you don't vote you can't complain if the outcome of the election and resulting union presence/absence. Given SEIU previous behavior, I suspect they are the ones pressuring the workers, NUHW simply doesn't have the desire to bully workers. SEIU's abandoning of the workers not once but twice should be all the motivation the workers need to vote against the Zombies and hopefully NUHW.

Pow! Pow! SEIU shoots itself in both feet!

First, SEIU State Council and Local 99 President Bill Lloyd angers the most powerful labor ally in California state history, then he negotiates a sellout deal (is there any other kind?) on behalf of 1,200 members.

Typical SEIU: bargain a crappy deal, call it a victory for the workers, move on to the next atrocity. Rinse and repeat y'all: the SEIU life death cycle repeats itself. I thought UHW was raveling at breakneck speed, but with Local 99 feeling left out of the action it has now joined the SEIU implosion party.

Surly comment gets its own blog entry!

I received this comment today from a reader who completely missed the point of my Blast from the Past: Stern's words come back to haunt him! post. I was trying to point out how SEIU's actions of yesteryear are in perfect contradiction to it's actions of late as they relate to Memorial hospital. How dare you criticize my writing while not reading the blog entry thoroughly and then reading the referenced article. I thought I was explicit enough.

Wouldn't an even slightly honest account have at least mentioned the fact that, despite this dispute between SEIU and CNA/NNOC, CNA/NNOC has now sided with SEIU against NUHW? Of course, if that fact had been mentioned, it would have had to have been explained away--either by denigrating CNA/NNOC (which would have made CNA/NNOC not quite look like the champion of workers' rights portrayed by this blog post) or by excusing this choice by CNA/NNOC as reasonable (which would only be true if SEIU was seen as the winner as in the long run). If DeMoro's criticism of SEIU gets an "Amen, sister", doesn't her acceptance of SEIU over NUHW rate the same respect?

Also, why isn't it NUHW that should get used to losing? That's pretty much all that's happened so far.

So in response to this comment I will clarify my writing. 

The CNA/SEIU alliance benefits all 3 parties: CNA doesn't have to deal with SEIU's raids (or active probing as SEIU likes to spin it), NUHW gets a $1 million gift and an agreement not to interfere with NUHW's efforts SEIU has a friend to play with bringing the friend count to 2. However, with the way things are going for SEIU and nearly every other labor organization CNA might want to distance itself from the devil.

As for NUHW losing I have a few truths to share with my woefully (and likely willingly) underinformed reader:

1. when SEIU ties up election results with the NLRB, that's not a victory! 
2. Sequoias caregivers join NUHW
3. Los Alamitos Hospital join National Union of Healthcare Workers  
4. Workers win election at Doctor's San Pablo 
5. Union calls off bid to represent workers at Rady

The truth is out there, if you care.

Blast from the Past: Stern's words come back to haunt him!

A regular reader and commenter emailed me this damaging 4 page write up on the SEIU dispute with CNA/NNOC (California Nurses Association/National Nurses Organizing Committee) and CHP (Catholic Healthcare Partners), an employer of 7,000 hospital employees in Ohio. SEIU's actions then are very similar to what is going on now at Memorial. So sit back and have a good belly laugh as you compare Stern's statements of yesteryear with his union's actions today.

It's hard to believe any trade unionist would condone-much less lead—a campaign whose only purpose is ... to deny thousands of workers the chance to have a voice on the job.

Yet, this is exactly what happened with the various representation elections such as Fresno homecare, Providence Tarzana, Sequoias Assisted Living Facility in Portola Valley, and so on. SEIU has proved time and time again that:

1. any amount of money spent to prevent workers from choosing NUHW is wholly justified, and
   
2. no union at all is better than choosing NUHW.

Union-busting is union-busting, no matter who is at the helm, and it goes against everything we have all fought for over the years.

Unless, of course, SEIU is doing the union busting against CNA, UNITE-HERE, NUHW, whoever is in SEIU crosshairs that day then it's ok.

Both sides agreed there would be no negative re-election campaign so that workers would be able "to freely choose without undue pressure" from either party, SEIU President Andy Stern told BNA March 10 [2008].

We were just days away from realizing our dream when scores of out-of-state organizers descended on our hospitals and began to frighten employees with vicious anti-union leaflets and rhetoric.

Fast forward to the Zombies inability to agree to election ground rules, as shown here (scroll down to page 3): except for the "re" in re-election, this is exactly what is going on at Memorial.

Does "undue pressure" include 1,000 Zombie staff flown in from around the county to intimidate and coerce 10,000 Fresno homecare workers, (only to barely win an election whose suspicious outcome is being questioned by former staffers and Fresno homecare members)? Better yet how about the expected 300 staff who will do the same to the 600 workers at Memorial? In Fresno it was 10 workers to 1 Zombie staffer, at Memorial it could be 1 to 1 since all 600 workers aren't at work at the same time. The hell I predicted they'd go through may be a great deal more uncomfortable than even I had initially conjured up.

Change a few words and you can see that what was irritating SEIU in 2008 is not viewed as a problem at all in 2009.

"If CWA [Communications Workers of America] NUHW works to achieve an agreement with Verizon Wireless Santa Rosa Memorial Hospital for a valid union election, should other unions [UHW] jump in at the last minute?"

How is that any different from UHW doing the same earlier this year?

These workers made their choice a long ago.

They did: NUHW. Suck it up Zombies it's time to get used to defeat.

Last week, SEIU announced that after a three-year effort, CHP, Ohio's largest nonprofit medical system, and SEIU had established pre-balloting ground rules and procedures governing the nine representation elections.

If SEIU had been organizing at those hospitals for the last three years, why wasn't it able to collect union authorization cards from 30 percent of the workers, she [then CNA Executive Director Rose Ann DeMoro] said.

3 years to come to an agreement?! I know Mr.Rogers told us to take the time to do it right but this is ridiculous! Doesn't this run counter to SEIU's plan to grow as fast as possible?! Sheesh!

The Zombies complained NUHW staff stole the "signatures of the majority". If these signatures had disappeared for whatever reason re-gathering them should be quite easy: the workers know who is collecting the signatures and what they are about. They chose to ignore the members and that made them mad. Mad enough to despise the very presence of any SEIU staffer.

Stern, whose union pulled out of the AFL-CIO in 2005, said he contacted AFL-CIO President John J. Sweeney and asked him to get CNA, which is an AFL-CIO affiliate, to cease its campaign, but with no success.

Really?! So SEIU leaves the AFL-CIO and then comes crawling back looking for help with a member of the AFL-CIO?  Isn't that like going to an ex-girlfriend's parents and asking for their help in talking some sense into her only to be shown the door with her father, his shotgun and his itchy trigger-finger?!

All this SEIU nonsense lead me to recall a bit of wisdom from George Carlin: "[L]et's not have a double standard here, one standard will do just fine." A fitting quote, don't ya think?

Happy Thanksgiving, UHW style

First UHW mails out a cartoon mailer now they try to bribe the workers at Memorial with turkey shaped cholocate candy? Really? Is this what the Zombies have to do to even get a worker to acknowledge their presence? This is desperate and creepy in a "Hew there little boy, do you want some candy?" way. It this how they view the very folks they abandoned not once but twice? At least it's cheaper than a bunch of pizzas, and as a dues paying member prisoner of SEIU I am thankful for that. With a union that is so unaccountable for it's money management skills will they ever learn from their costly mistakes? Anything? Ever? I have a lot of questions for these clowns to answer.

I'll be back on the job Friday evening. Happy Turkey day y'all.

SEIU rarely has anything new to say, ever

Shown below are the latest mailers from SEIU.  The first contains a little bit more information than their previous mailers specifically the 60 new contracts. I'll go over my "UHW Report" emails from the last year (November 4, 2008 to present) and see if this claims bears out, but I think their claim is unusually high.

 "The odds are really against us."

It's funny, in a junior high/first break up kind of way. She (the workers) moved on a long time ago but he (the Zombies) has his head in the clouds. That SEIU still thinks they and Memorial workers still constitute an "us" is comical to say the least. Don't the Zombies know it's over? The "break up" happened in January, and the workers aren't on the rebound, they are trading up...way up!

"Let's not get stuck with a union that can't win a first contract.

NUHW has won 3 representation elections so far and contract negotiations are under way. It's a matter of time before the founding members of NUHW have a contract.

However, the desperation for recognition continues.

 Almost a year after forming::

• Hasn't negotiated a single contract

Unfortunately this is true because the Zombies are so paranoid about losing any of it's prisoners, I mean "prospective members" that they will delay an election just to prevent workers from possibly joining NUHW . In their eyes no union is better for the workers than NUHW. Imagine the insecurity of mind that views this as an acceptable their own efforts just to prevent the workers from choosing NUHW. In an effort to prevent the exodus the Zombies have filed frivolous blocking charges every step of the way. For example the Zombies ...

• Has no members under contract
  

The tide is turning and the Zombies are about to pulled in by the undertow.

• Has dozens of staff leaving
  

One pre-trusteeship UHW employee filed for unemployment, and in a desperate attempt to discredit NUHW, the Zombies published this one person's claim paperwork mailed to UHW. How does that become dozens? Unless of course the Zombies are inflating their numbers as they did in the Fresno homecare vote. Remember that absolute majority (more than 50% of members) they claimed, and then then 40-ish% voter turnout? Even a 5th grader could see the impossibility of this claim.

•  Is going broke and facing a substantial judgment in Federal court.
  
•  Struggling to stay in business
  

If they are going broke and struggling to stay in business then why is NUHW hiring? Two more claims shot down.

First contracts usually give the newly inducted workers the biggest gains since they typically start with nothing. Also, "up to 18% raises" means somewhere between 0% and up to an including 18%, but less than 18% for most people. An average wage increase of say 13% would be a more accurate description. It looks like the Zombies are using the same creative language as they did in the recent Sonoma County homecare contract: does "contingent upon available funding" sound familiar?

"Those who cannot learn from history are doomed to repeat it." - George Santayana

Do you remember when SEIU threatened to pull out of the San Francisco Labor Council and take their financial support (40% of the Council's budget) in retaliation for UNITE/HERE Local 2's support of NUHW's decertification efforts of homecare workers in San Francisco and the Council's response? Fortunately for the Labor Council and it's members the remaining unions gladly stepped up to fill the funding gap. One might think that would be the last time the Zombies would take their ball and go home, but these are Zombies we are talking about here, and Zombies aren't known for using their brains, just eating them.

So imagine my surprise when Bill Lloyd, President of SEIU in California tried intimidating John Burton, Chairman of the California Democratic party, by threatening to withdraw funding for Burton's support of NUHW. Burton is not the kind of guy you ever want working against you. The L.A. Times summarizes it nicely.

Talk about shooting yourself in the foot just to make a point!

The Zombies didn't get their way in San Francisco and now they are about to lose all credibility with the state's Democrats. I wonder how the Zombies will claim this as a victory.

A reader's rant

This rant was emailed to me. I think you'll agree it's good enough to become an entry. Enjoy your first reader rant.

I often wonder where SEIU is hiding when the governor pushes his agenda to criminalize us and, ultimately, destroy the IHSS program. Do they not realize that by refusing to protest they're threatening their own "dues units" as they call us? Why is SEIU so silent about Arnold's continued assaults on our livelihoods and the very lives of those we serve?

Hey Dave and Eliseo, can you spare a minute from dressing up as chickens, throwing eggs at people and threatening the rest of the labor movement to actually do some real work in California??? Could you at least take your chicken and eggs and go visit Arnold? Maybe head off the next round of cuts to IHSS? Is that too much to ask in view of the OBSCENE amount of dues we pay and you waste?!!

It's brief but to the point: we're dues paying members who want represention, not chickens who hide from members and potiticians!

Whining, Zombie UHW style

Ever stop to think and forget to start again? Yeah, well...it happened to me. I was reading the SEIU Wages War on Progressives article by Randy Shaw at Beyond Chron and then the phone rang...and you can probably guess how this story ends.

SEIU's behavior in San Francisco (below) and especially in Los Angeles represents the kind of sniveling, whining, nobody-is-paying-attention-to-me nonsense they seem so fond of lately. They are draw attention to themselves while going out of their way to alienate their members, the North Bay labor council, labor allies and politicians. I suspect that when the 80 petitions to change union representation are processed by the NLRB, SEIU will have a very hard time finding anyone to help fight their battle, or listen to their trumped up complaints. This now brings the number of credible journalists who documents SEIU's disgusting behavior to 4: the Wall Street Journal, the North Bay Business Journal, the Press Democrat and of course Beyond Chron.

So without any further delay here is Randy's article.

My first rant: Keyser v. repetitive mailers

If you have been following the mailers and fliers (here, here, here and and 2 here) SEIU has been harassing Memorial workers with, you will notice the nature of the Zombies claims: "SEIU big, NUHW small" or if you like "might is right". Talk about an 800 pound gorilla that no one fears or even bothers to acknowledge. If the comments received on the Red Revolt accurately reflect a cross-section of the Memorial workers then I think I can post the following cartoon with confidence.

Tell me Zombies, which animal do you think represents your crumbling organization?

Nothing like being put in your place by a mouse, eh?

Is Zombie Trustee Eleiso Medina still "working" at UHW?

Unless I have the wrong email address I think the bounced email message below shows Zombie Trustee Eleiso Medina is no where to be found. It appears the email address scheme used at UHW -- first initial followed by last name followed by seiu-uhw.org when applied to Zombie Trustee Medina -- is routinely kicked back. One Zombie trustee down, one to go!

Emphasis added but you get the idea.

----- The following addresses had permanent fatal errors -----

    (reason: 550 5.1.1 : Recipient address rejected: User unknown in relay recipient table)

   ----- Transcript of session follows -----
... while talking to smtp18.msoutlookonline.net.:

>>> DATA

<<< 550 5.1.1 : Recipient address rejected: User unknown in relay recipient table
550 5.1.1 ... User unknown
<<< 554 5.5.1 Error: no valid recipients

Reporting-MTA: dns; a.mail.sonic.net
Received-From-MTA: DNS; 76-191-205-67.dsl.dynamic.sonic.net
Arrival-Date: Thu, 19 Nov 2009 23:58:00 -0800

Final-Recipient: RFC822; emedina@seiu-uhw.org
Action: failed
Status: 5.1.1
Remote-MTA: DNS; smtp18.msoutlookonline.net
Diagnostic-Code: SMTP; 550 5.1.1 : Recipient address rejected: User unknown in relay recipient table
Last-Attempt-Date: Wed, 11 Nov 2009 23:58:00 -0800

Ok, now the UHW Chicken makes sense!

UPDATE: NUHW volunteer Paul Krehbiel formerly of SEIU Local 660 penned an article detailing his experience. In it, he noted the appearance of a few free thinking Local 721 staff. Will they leave the dark side and join in the fight for union democracy and representation?

What turned out to be a pointless exercise in stupidity, that is dressing up a homecare worker in a chicken suit while the San Francisco bay area labor movement held a fundraiser for the Fund for Union Democracy, clearly SEIU needs eggs! Both Randy Shaw at BeyondChron and Sierra Spartan at ¡Adios Andy! report on the desperation of SEIU to get someone -- anyone -- to listen to their little and loud complaints.

There is no good defense for this behavior and as Randy Shaw so perfectly states: "SEIU is unifying the labor movement -- against it."

Garbage in, garbage out

Straight from the mailbox and on to the blog, here's the latest propaganda nonsense from the Zombies. Why do they keep using the same 4 arguments? Don't they have a legitimate victory they can highlight? I can think of three for NUHW.

Sequoias caregivers join NUHW 
Los Alamitos Hospital join National Union of Healthcare Workers 
Workers win election at Doctor's San Pablo

So in classic Söze style I will pick apart their 5 nonsensical arguments.

"No members under contract."

How do they know the above listed facilities aren't under contract? If they were the Zombies would surely avoid publicizing this most embarrassing loss.

"Dozens of staff leaving."

Who? Do they have names (or the positions they left behind) to back this claim? As far as I am aware they have only publicized the the unemployment claim of one worker, which in my opinion is private business between the former employer, the former employee and the EDD.

"Going broke and facing financial judgement in Federal Court."

What, specifically, are they talking about? SEIU is burning through cash pretty fast.Why else would they take out a loan for $87.7 million from Bank of America? Note: after they took out this loan then turned around and attacked B of A and it's CEO Ken Lewis. This is the new SEIU: attack your union brothers and sisters, squander members money, take credit for the work of others, etc, etc, etc.

"Struggling to stay in business."

If the lawsuit NUHW recently filed against the Zombies for their browbeating in Fresno is any sign then NUHW seems to be doing just fine. The damaging declarations gathered for the suit and then research for writing the PERB complaint show that NUHW has both the money and the muscle to fight SEIU.

Finally, "[a] union about to close it doors can't win a contract" has won 2 contracts so far. More are on the way, this is just the tip of the iceberg.

Stay tuned for more stupid; the election at Memorial is fast approaching and SEIU is sure to be a source of many tragically comical entries.

The Zombies protest the Fund for Union Democracy fundraiser. Wait. What?

A couple of interesting things came out yesterday's Fund for Union Democracy fundraiser in San Francisco.

First, Randy Shaw at BeyondChron writes about how SEIU has outdone itself when it comes to fighting against those who should be allies. Sound familiar?

Second, I was emailed this tragic and hilarious pic from SEIU's protest of the fundraiser. I want my dues money refunded. All of it. SEIU's behavior just gets weirder and weirder. I have bills to pay and a chicken outfit it not one of them!

To my "fowl" friend: UHW is doing a fine job destroying itself, no need for help from other labor unions.

62 pages of smoking gun goodness

Remember my earlier post about how the hammer was about to be dropped on the UHW camp? Well here it is folks, NUHW has the goods on SEIU's criminal and frequent misdoings in Fresno. Packed full of legal defenses of NUHW's claims against the Zombies, declarations by both NUHW staff and former Zombie staff members (whom implicated themselves in an attempt to come clean). The good stuff begins with declarations from a few IHSS workers who had the courage to step forward and describe the hell they went through because of the Zombies, and of course the smoking gun itself: "Winning in Fresno: Some Tips for Success" (last page of the lawsuit).

So first off is a Table-O-Contents, using the page numbers shown when viewing the documents as a PDF. A print out will not show the page numbers I have listed below. Exhibits 1-5 not in this document.

Section	Pages
Summary by NUHW	1-3
Response to the Zombies "position paper", proof of service	4-10,11
Exhibit 6: Defense of election results as seen from the Department of Industrial Relations, "...and the winner is:"	12, 13-14, 15
Exhibit 7: Signed Supplemental Declaration from NUHW Director of Long Term Care Division John Vellardita	16, 17-19
Exhibit 8: Signed declaration from Carlos Martinez, former Zombie staff member	20, 21-26
Exhibit 9: Signed declaration from Andriana Gomez, Fresno IHSS (homecare) worker	27, 28-29
Exhibit 10: Signed declaration from Sheri Davis, Fresno IHSS worker	30, 31-33
Exhibit 11: English declaration from Patricia Barbosa Rodriguez, Fresno IHSS worker	34, 35-37
Spanish to English translation certification from TransPerfect for Rodriguez	38
Rodriguez's signed original declaration in Spanish	39-42
Exhibit 12: Signed declaration from Mary Townsend, Fresno IHSS (homecare) worker	43, 44-46
Exhibit 13: English declaration from Irma Orozco Fresno IHSS (homecare) worker	47,48-49
Spanish to English translation certification from TransPerfect for Orozco	52
Orozco's original declaration in Spanish	53-55
Exhibit 14: Signed declaration from Richard O'Brien, SEIU staff from SEIU Healthcare PA (Pennsylvania)	56,57
Exhibit 15: Signed declaration of Alexandra Early, SEIU staff from the Fresno fight	58,59-60
SEIU's very incriminating handout: "Winning in Fresno: Some Tips for Success".	61-62

Whew! Ok, that's done so let us dig in to this pile of garbage and see what juicy nuggets of Zombie fear-mongering we can dig up.

It appears that all the reports on PerezStern and ¡Adios Andy! were right on the money. Was there ever any doubt in your mind?

In one of it's more desperate moments the Zombies tried to challenge the PERB's (Public Employees Relations Board our equivalent of the NLRB, the National Relations Board) "jurisdiction to resolve the allegations raised by NUHW". What the...? Huh? Isn't that like a criminal trying to convince a cop that she doesn't have the authority to arrest the criminal? Since when does SEIU get to the the PERB where and how to do it's job?

NUHW supports its reasoning with a quote from the Meyers-Milias-Brown Act (MMBA). Section 3309(c) states: "unfair practice charges made during an election shall be submitted to the Public Employee Relations Board for resolution." Hah! Take that you misquoting-for-your-own-gain criminals! Never fear: the Zombies will misquote again, keep reading!

Nearly a month after the election, the State Department of Industrial Relations sealed the fate of 10,000 fellow homecare workers in Fresno was sealed. I wish I knew at the time the Zombie had similar plans for Sonoma homecare workers.

Can you imagine how the ruse pulled on Mr. Roose is going to backfire on the Zombies?

Ok get ready to kick it up a notch. Below is Vellardita's (partial?) laundry list of complaints against SEIU. For those playing along at home mark this on your score card and check them off as further proof of SEIU bully-the-workers-party in Fresno sees the light of day. For the party hardy readers: drink 1 shot of the good stuff for each claim that proves to be true in the coming months. As soon as I know it will be here on the Red Revolt within hours.

But what good is a claim without substantial evidence to back it up? Enter the signed declaration of former (and quite remorseful) SEIU interloper and scab Carlos Martinez. While here in California, his boss Rebecca Mahlberg subtly  instructed him to work against the good of the homecare workers they were so desperate to "represent". Here Mahlberg shows what she is really made of, and it's not sugar and spice and everything nice!

Just words so far, right? It's illegal for an union employee or volunteer under their direction to handle a ballot or the envelope, period. Can words describe the reprehensible actions of the union we all pays dues to?

At one point in the campaign the Purple Plague needs someone for on the spot Spanish to English translations. Who does it? Martinez. What do they do after translation? Well, this is their first major assault on unrepresented workers so they weren't taking any chances on playing a fair game, so I'm sure you can figure out what happened to at least one translation.

Ok, so I found some words. Unmitigated arrogance, and brazen inhumanity to fellow man. So a college educated white woman sees fit to act like a child? I can't imagine what kind of social criminal works for SEIU when oppression like this happens. This appear to be a turning point in Martinez' understanding of the kind of morally corrupt outfit he is working for. I applaud him for trying to get the word out, but as you can see when your dues money goes to elect a president it's very hard to get anyone to investigate that same union.

 
Note the 3 federal government officials that didn't act on Martinez's pleas for help. How much abuse must the workers endure before somebody in power steps up?! Good thing we have some on our side! Go Red team!

Here are several clips of workers having their voting supervised and the accompanying harassment. To follow a  worker to the post office is both a sign of desperation and downright creepy, so is the supervised voting, initialing ballots, persuasion to change their vote, etc. For any vote any where it should be done alone, with help from any party on the ballot. SEIU doesn't see it this way as shown here.

From Fresno IHSS (homecare) worker Adriana Gomez's declaration (translated from Spanish):

From fellow Fresno homecare worker Sheri Davis.

Creepy, huh? Unfortunately for these workers SEIU "forgot" (see below) to tell them that benefits are negotiated by but not administered by the union. They go step further in the next quote. In it, they claim to be able to reduce a consumer's (patient's) hours as punishment for not voting for SEIU, yet I am certain that in every contract SEIU has negotiated in California for homecare providers (workers) in California including here in Sonoma county, the consumer's determines who to fire and hire. They are using the ignorance of the members against them. Is that union you'd vote for?

From Patricia Barbosa Rodriguez (translated from Spanish):

I've always believed that in a fight the loser always fights harder, and they are fighting pretty hard to keep what they should have lost.

The end is near folks: for both this entry and the Purple Plague.

Ok everybody the bullet is in the chamber now. Read this declaration from a former staff member to get an inside look on the trickery the Purple Plague pulled in Fresno.

From Alexandra Early, O'Brien's subordinate.

 Finally, here is the smoking gun. Enjoy!

 

 

Wall Street Journal: New Salvo Fired as Unions Battle Over Workers

For the Wall Street Journal's perspective on the Fresno fight, read here.

Irrespective of which union you favor or how you feel about organized labor, this much can be said about this absurd fight for representation: if SEIU had a decent approach to organizing and member representation we wouldn't be in this mess. In fact, their strategy is to grow for the sake of growth by adding members as fast a possible then leaving them to fend for themselves. How do I know? Just ask any homecare worker, anywhere or any UHW member that has had a contract renegotiated since SEIU hijacked our local in January 2009. SEIU is not good for workers and not good for America, no matter how you slice it.

Wall Street Journal: California Labor Wars

Well now the Zombies cover has been blown! Finally, an SEIU staffer had the courage and decency to step forward with his recollection of what he and likely all of the other scabs in Fresno were asked to do against their own sense of decency. What we all suspected happened in Fresno has been written up in the Wall Street Journal. I wonder how the Zombies will play this one down and if another election for Fresno homecare workers in the works. I say save everyone a whole bunch of trouble and just let the battered homecare workers of Fresno have what they wanted all along: NUHW!

Pure. Psychological. Bullshit.

As predicted the Zombies have begun their onslaught at Memorial with the following 2 propaganda pieces. The first is a mailer paid for with my dues money; the second was handed out mindless, I-sold-my-soul-to-the-devil-so-I-can-get-a-paycheck Zombies at the hospital.

A few things about this cartoon-ish mailer jump out at me.

1. Given the Zombies preference for sellout contracts, can they point to a single contract they've negotiated since the trusteeship that truly improves workers lives?
2. "NUHW represents no members under contract" ... yet!
3. The Zombies have been hemorrhaging cash and staff for months now, one wonders do they have any cash left to pay their bills? If not I'm sure they can tap into the $87.7 million loan SEIU took out from Bank of America. It's time for SEIU to STFU!
4. Couldn't they find any member at the hospital to quote? I guess not since they dropped the ball twice this year!
   
5. To the member quoted above (Julie Adams): Did she make her statement before the trusteeship? Does she still work at there since the layoffs Kaiser and the Zombies orchestrated, but denied involvement.

And then there is this recycled piece of garbage.

1. It seems SEIU has finally acknowledged that NUHW is a union.
   
2. The $3 million they "took for their own purposes" was meant to be spent defending itself from Andy Stern and his crew of dissent crushing lap dogs. There is no Federal law preventing a local from defending itself against it's parent union.
   
3. Why would anyone who left SEIU want to return? I'd rather work at McDonald's than work for SEIU.
   

Ugh...need I say more?

SEIU gets off its high horse and finally agrees to election

Remember when Zombie UHW trustee Eliseo Medina said twice that an election at Memorial with NUHW on the ballot simply was simply unacceptable? Remember his resolve and his strong wording, including: "NUHW should step aside", that "it's future viability of as an organization is questionable at best" and here's where it becomes really lame that they (SEIU) has "no grounds to trust that such people would abide by an agreement that calls for honest and ethical behavior" (scroll down to the 3rd page)? (I know, I know...)Well, apparently he's pulled his head out of his--I  mean out of  the clouds and the Zombies have agreed to go ahead with the election with both unions listed on the ballot. And they said it couldn't be done!

However, it should be noted that the article doesn't say how or if SEIU will behave in the days running up to the election. My guess? A full court press by SEIU to bully and trick workers into voting for them. Think of it as our own little Fresno, complete with voter intimidation and fraud. However I think victory is close at hand given BeyondChron's Randy Shaw analysis of the fight in Fresno and it's parallels to the Vietnam War. Will the Zombie's learn from their mistakes? Not likely.

Thanks to North Bay Business Journal Staff Reporter Ashley Furness for another excellent write up on our struggle to escape the deathgrip of SEIU.

Major news on the horizon...

I don't want to post until I see the something of substance but when speaking with Sal Rosselli, interim President of NUHW tonight at the panel discussion he stated a legal action next week could turn Zombie UHW upside down. I don't mean in the way they are doing now with sellout contracts, member intimidation, and so on but I mean run around in a sweat-drenched panic like your hair is on fire because as a Zombie staffer it's less painful than the hell your Zombie overlords are about to put you through kind of life changing news.

Now was that a mouthful? It sure was. Run-on sentence? Almost.

Shown below is what I predict will be a typical Zombie UHW staffer will look like once the legal action is widely known. (My apologies to those with artistic sense that are offended; "The Scream" seems appropriate to me.)

Have a good weekend y'all. I'm going to go watch "Capitalism: A Love Story" with my wife of 5 months.

Take Action: Surviving State Benefit Cuts

Courtesy of the IHSS Coalition website. I'm sure SEIU isn't doing much to help it's members fight the budget cuts. They had all their people fighting to keep 10,000 homecare workers under their thumb in Fresno while neglecting to care for the 65,000 home care of who will be subject to forced fingerprinting and background checks.

Tuesday, November 17, 2009  1-4pm
Livermore Library, 1188 South Livermore Ave.
Livermore, CA (Call the library for directions: (925) 373-5500‎.)

For more info or to RSVP, contact Community Resources for Independent Living by November 12 (to allow for any necessary accommodations). Phone: (510) 881-5743  Email: info@cril-online.org. 

This workshop will feature experts from Social Security, Disability Rights California, Bay Area Legal Aid and the California Health Incentives Improvement Project.  Topics will include overview of programs, filing appeals and working together as a community to fight for our rights.

When Zombie Trustee Elesio Medina writes, nobody cares

Elesio is doing it again. That annoying thing he does with his mind, hands and lips: expressing an opinion and "facts" that nobody cares save for only him and a few of his closest colleagues believe to be true. Shown below is his response to the letter from 15 clergy.

He states the Zombies can not "in good conscience take any action that would suggest 'NUHW' is a legitimate alternative to" blah blah blah...who cares?! So I ask: if NUHW is such a pathetic alternative to SEIU an election ought to be in their favor, right? So why don't they allow an election without further mailings, phone calls, unwelcome house visits and let the members decide?

Medina also feels that "workers best interests would have been served had they been able to unite with SEIU-UHW". This is very telling of SEIU's tact for unionization: join us or we'll prevent you from joining any other organization. Clearly a competition for workers with another union is unacceptable and must be defeated at all costs despite worker perference, and employer support. How often does an employer support is workers ability to choose if and which union represents them?

You'll note even the hospital possibly indicates it is tired of SEIU but using the word intervene (I assume in the "interfere" sense).

Medina boldly but stupidly states "we are trying to do what's right". Is the same kind of "doing what's right" that homecare workers experienced back in September? Medina's final sentence states that by joining SEIU members "can keep making forward progress instead of going backwards". Yet going backward is exactly what happened to 1,600 Kaiser pharmacy tech members.

In case you're wondering what the Zombies have done for Memorial...

...just go to their website and search for Santa Rosa Memorial Hospital. This is discouraging as much as it is unsurprising. I think I'm going to throw out my Hands off Our UHW t-shirt, now that there is truly nothing worth saving in Zombie UHW.

Send in the whaah-mbulance!

It looks like things are heating up in the battle for union representation at Memorial. Shown below is Zombie UHW trustee Eliseo Medina's letter stating Zombie UHW is unwilling to agree to ground rules for the representation election unless NUHW is excluded from the ballot. (Click on the letter below and scroll down to page 3 to view Medina' response.)

Let's dissect and expose this letter for what it really is: a desperate attempt at keeping the underdog from winning in a landslide election.

Medina states that NUHW standing as a labor organizaiton "is little more than wishful thinking."

So, if NUHW is merely a fantasy of the workers it should be pretty easy to defeat, right? Well have no fear my brothers and sisters at Memorial, I have it on good authority that the workers at Memorial are united against SEIU, as shown in Don F's comment to the "Zombie UHW pesters Memorial workers with another weak mailer" entry. Scroll down to read his first comment.

Medina goes on to state "officials of NUHW have engaged in the improper stewardship of SEIU-UHW members' dues and misuse of union resources."

Hmmmm is Medina blaming NUHW for the money spent so far fighting and LOSING to NUHW, enslaved members, and prospective members on every front, over every little detail all in the name of member representation and defense, occasionally losing because of NLRB/PERB decisions?

Finally he states: "We have no grounds to trust that such people would abide by an agreement that calls for honest and ethical behavior."

Ok, that last one tears it. Where's my ass whippin' stick? (Settle down, the link is not an actual stick). Mosey on over to Perez's blog and see all the crap the Purple Plague pulled in Fresno's homecare representation election back in June only to barely win the election, (though some votes have yet to be counted)!

Finally, an election for Memorial workers...in DECEMBER?!, 43 DAYS from now!

So much for an election in 2 weeks! The good and thoroughly-annoyed-with-SEIU folks at Memorial have 43 days of Zombie UHW-induced hell ahead of them.

 
Keep checking here at the Red Revolt for the latest and greatest on the fight for NUHW representation and against the Zombies. I'll be here watching and publicizing every mistake/threat/misstep Zombie UHW makes against the workers they abandoned long ago.

CDCAN: Breaking News: SB 69 passes Assembly 60 to 0, bill heads to Senate, then Gov.

 SB 69 a bill to delay the implementation of the new sneaky and devastating requirements to IHSS (homecare) workers, had passed the California Assembly, now it's on to the Senate and finally the governor -- all 3 of which need to sign off on the bill to make the bill law and provide relief to IHSS providers (workers), consumers and the county governments that would have to orientate and process fingerprints for 838,000+ providers and consumers (clients).

Here's the email in case you have a few mins to spare. It's lengthy but quite detailed.

BREAKING NEWS:

ASSEMBLY PASSES SB 69 BY VOTE OF 60 TO 0;  WOULD DELAY NOV 1^ST IMPLEMENTATION OF IHSS WORKER REQUIREMENTS – BILL HEADS NEXT TO STATE SENATE

Bill Amended by Assemblymember Evans Faces Major Hurdle in Getting Approval from Governor – Assembly Budget Committee Sets November 5^th 09:00 AM Follow-up Informational Hearing on IHSS – Same Day as Olmstead Advisory Committee Meeting

SACRAMENTO, CALIF (CDCAN) [Updated 11/02/09  10:33 PM  (Pacific Time)  -  The Assembly after a long marathon session in both houses that focused on the state’s ongoing water crisis, passed a bill on a different crisis that impacts its most vulnerable population, approving amendments by Assemblymember Noreen Evans (Democrat – Santa Rosa) to SB 69 that would delay the November 1^st implementation of several new requirements for In-Home Supportive Services (IHSS) workers.

The bill won support from both Assembly Democrats and Republicans – including support from Assembly Republican Leader Sam Blakeslee (Republican – San Luis Obispo).

The emergency “clean-up” legislation passed on a vote of  60 to 0.

It heads next to the State Senate, which resumed its floor session just before 8:30 PM this evening. While the State Senate is still in session as the Assembly approved SB 69, it is not certain if they will remain in session this evening long enough to take action on the bill.  Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento) indicated earlier this evening that the State Senate would return to session on Tuesday. 

Assemblymember Evans, nearly half of the state’s counties and a wide range of disability and senior advocates have said the November 1^st implementation of the new IHSS worker (provider) requirements  is causing widespread “panic and confusion” among California’s most vulnerable population.  Evans and supporters of the bill say a delay is needed to allow the State to complete information, guidance, materials and for the counties to prepare and train staff and to conduct outreach so the new requirements are implemented without harming the people it was intended to protect. 

Both the Assembly and State Senate were in caucus most of the afternoon and evening on how the Legislature will address the State’s water crisis.  The Assembly was in caucus for most of the time after it formally convened at 12 noon and reconvened its floor session after 4 PM  - an hour later than what was scheduled and then resumed its floor session just before 10:30 PM. 

New IHSS Requirements Part of Budget Deal

The new requirements, passed last July by the Legislature controlled by the Democrats and approved  by the Governor as part of the 2009-2010 revised state budget, included mandatory fingerprinting and criminal background checks, orientation, for all IHSS workers. 

Those requirements were included, along with unannounced home visits and fingerprinting of IHSS recipients (with specific exemptions), in ABx4 19, (the “x4” stands for 4^th special or extraordinary session) that legislative Republicans and the Governor said were needed to provide tools for the state and counties to combat fraud and abuse in the IHSS program. 

The bill however had an earlier effective date – when the bill was enacted (July 28, 2009) which the Department of Social Services pushed back to November 1, 2009. 

Last week at a joint informational budget hearing by the Assembly Budget Committee and the Senate Budget Subcommittee #3 on Health and Human Services, Schwarzenegger Administration officials, represented by John Wagner, director of the Department of Social Services and Eva Lopez, deputy director, said the State intended to move forward with the November 1^st implementation date, saying that it would be releasing final or clarified instructions and information that should address the concerns raised by the counties and advocates. 

The Department of Social Services is the state agency that oversees the IHSS program statewide, which will in 2009-2010, serve over 462,000 children and adults with disabilities – including developmental, persons with mental health needs, the blind, and low income seniors.  Over 376,000 persons provide the in-home services as providers (workers).

Counties – who have responsibility to administer the IHSS program locally -   and disability and senior advocates however raised major objections saying that the Schwarzenegger Administration is moving too fast without providing clear instructions, translated materials, answers to concerns and conflicting information, and necessary funding for counties to implement the new changes,   

Santa Clara County Joins Long List of Counties Who Say They Cannot Comply With New IHSS Requirements

Meanwhile Santa Clara County indicated it joined nearly half of the State’s 58 counties in sending an official letter to the California Department of Social Services indicating it cannot comply with the new requirements for IHSS workers by the November 1^st start date. 

In a letter dated October 28, 2009, Will Lightbourne, director of the Social Services Agency of Santa Clara County wrote that "…Santa Clara County will be unable to implement the new IHSS provider enrollment mandates by the November 1, 2009 deadline” citing several specific reasons.  Among the reasons listed was that the county “…has not received all of the necessary directives to comply with the required elements including fingerprint/background check process and provider orientation now has the county received necessary translated materials in languages including Vietnamese, Spanish and Russian representing our diverse provider population.”

Lightbourne echoing other county officials across the state wrote that his county is “…routinely stymied in discussions how to implement the various mandates due to draft instructive documents, contradictory instructions, and newly required forms still in draft form [all from the California Department of Social Services]. 

He concluded his letter saying that budget reductions to the Santa Clara County Public Authority will limit “our ability to comply” with the new law and that his county will be able to comply with the new IHSS requirements when “…Santa Clara County is provided with all the documentation, authorizations, and translated materials necessary, and the enrollment mandates [requirements] have been legally vetted…”

Los Angeles County, which has the most IHSS recipients and workers within a county in the state and probably in  the nation, sent a letter last week that flatly said it could not comply with the November 1^st implementation date.

For a copy of this and the other letters from counties to the Department of Social Services, go to the CDCAN website at www.cdcan.us

NEXT STEPS

·         Official text of the bill (SB 69) as approved by the Assembly this evening (November 2)  will be available on the State’s official legislative website later this evening and also on the CDAN website at www.cdcan.us. 

·         The bill heads to the State Senate, and then, if it passes there without any changes, heads next to the Governor.

·         The measure needs 2/3rds vote in both houses to pass as an urgency or emergency bill (a bill that takes effect immediately after it is approved by the governor) which means 27 votes in the 40 member State Senate.  Democrats hold 50 seats in the Assembly, with 1 independent and 28 Republicans and 1 vacancy (72^nd Assembly District).  Democrats control the State Senate with 25 seats to the Republicans 15. 

·         If the Governor signs the bill – which is not certain – the measure would take effect immediately.

·         The Assembly Budget Committee has officially scheduled a follow-up informational hearing on the IHSS crisis for November 5^th, Thursday morning at 09:00 AM, at the State Capitol in Room 4202, though the hearing date and time is subject to change. 

·         The scheduled hearing is the same day as the Olmstead Advisory Committee meeting, which is scheduled to begin at 10:00 AM to 4:00 PM at the Department of Rehabilitation building in Room 242.  The Olmstead Advisory Committee advises the Secretary of the California Health and Human Services Agency on the state’s implementation of the landmark 1999 US Supreme Court “Olmstead Decision” under the federal Americans with Disabilities Act.  The US Supreme Court decision required the states to take steps to avoid the unnecessary or unjustified institutionalization of persons with disabilities, mental health needs and seniors.  The  lawsuit was filed by two women with disabilities from Georgia – Lois Curtis and Elaine Wilson – against the then George State Commissioner Tommy Olmstead who headed its health and human services agency.