Saturday, January 2, 2010

Memorial management to workers: We honor your choice...

..so long as you don't choose NUHW. So much for their commitment to honor the choice of the workers.
 
As you can see below Memorial management as taken on the duty of continuing the disturbing trend started by the Zombies: blame everyone else for your own failings. Courtesy of a fearless employee I have received a copy of the complaint from the hospital to the NLRB. We all know Memorial management has a long and varied history of union-busting; even so, this weak listing of complaints disgusts me and I wonder how long it will take for "NUHW and it agents and/or third parties" to put management in its place.

First off is management's opening volley. Everybody it's time to find an alibi because we're all implicated is this very wide casting of the net for the blame game.
In the matter of the Petition of National Union of Healthcare Workers (Petitioner), Service Employees International Union, United Healthcare Workers--West (Intervenor) and Santa Rosa Memorial Hospital (Employer)

Case No. 20-RC-18241

Employer's Objections to Conduct Affecting the Election

Pursuant to Section 102.69 of the Board's Rules and Regulations, Santa Rosa Memorial Hospital (the "Employer" or the "the Hospital") hereby files its objections to the Election held in the above captioned matter and requests that the Regional Director set aside the election because of conduct by the National Union of Healthcare Workers ("NUHW") and its agents and/or third parties, and because of conduct by Board agents which affected the election and prevented the maintenance of the laboratory conditions necessary to allow employees to vote in an atmosphere free from coercion and intimidation.

NUHW and it agents and/or third parties engaged in conduct, made statements and published material that interfered with, intended to prevent, the free expression of the employees choice, thus preventing employees from exercising their choice free of coercion and intimidation. In addition conduct by Board agents interfered with, intended to prevent, the free expression of the employees choice.
You'll notice not one word is mentioned about SEIU which was management's favored union. This seems odd given the reign of terror and rich history of very public screw-ups the Zombies have displayed statewide since the trusteeship.
1. NUHW and it agents and/or third parties repeatedly engaged in electioneering at or near the polling place on election days and during periods when the polls were open. In addition, such conduct breached an agreement entered into by the parties governing election day conduct.
Well this is an election and electioneering is allowed so long as nothing new is brought up in the 24 hours preceding the election. Can management offer any evidence the Zombies weren't allowed to electioneer at the hospital? Sure it may be hard to hold back 400+ staffers all at once but I'm sure they are easy to spot given their hideously-colored shirts.
2. NUHW and it agents and/or third parties engaged in campaign speeches within the period commencing twenty four hours before the opening of the polls.
Oh yeah, where? If not at the hospital and, again, if nothing new is brought up then this complaint has no merit!
3. NUHW and it agents and/or third parties engaged in surveillance and interrogation of employees attempting to exercise their Section 7 rights, including, among other things, videotaping employees attempting to attend employer-sponsored meetings, and videotaping employees attending such meetings, thereby creating a general atmosphere of confusion and fear of reprisal among voting employees.
I wonder what evidence they have about "NUHW and it agents and/or third parties" videotaping employees. Aren't video cameras using DVDs or memory cards by now. Way to proofread your own complaints!
4. NUHW and it agents and/or third parties restrained and/or prevented employees from exercising their Section 7 rights by massing outside hospital meeting rooms where the employer was attempting to hold voluntary meeting to inform employees on issues presented by the election and/or obstructing entrance to and exit from such meetings.
I can't speak to how NUHW behaved outside the meeting room but given their smaller numbers and generally polite demeanor as a group and individually I can't imagine they wanted to cause "confusion and coercion" in the minds of the very folks they have tried to help build a strong unified voice. Again, I wonder what evidence they have to offer.
5. NUHW and it agents and/or third parties issued statements and published videos creating a general atmosphere of confusion and fear of reprisal among voting employees.
I reviewed the videos on the NUHW website and found nothing even remotely coercing, intimidating or confusing. I can't know and therefore can't review every third part video recording, but if their complaint is about published videos on Empire Report (scroll down) then I stand by the comment I made in the previous sentence.
6. NUHW and it agents and/or third parties made statements and published videos which improperly suggested to voting employees that an organization entitled the "Fair Election Oversight Commission" (The "Commission") had right and standing to monitor pre-election conduct, and that, prior to polling, the Employer and Service Employees International Union, United Healthcare Workers-West ("SEIU") had each violated rules governing NLRB elections. By this conduct NUHW and its agents improperly assumed the role of the NLRB and gave voting employees the false impression that the NLRB favored one of the three parties.
Perhaps the suggestion about the Commission's right and standing seem improper to you, but is it illegal? Or immoral to have third party supervision? Outside of Memorial management does anyone think management really cares about what is the morally or legally right thing to do? These are the same folks that laid off 200 of their workers and then hired a few of them back at bargain wages with no benefits! Yeah, it's hard to convince someone you have their best interests at heart when you have on hand on their throat and the other hand rooting around in their wallet/purse.
7. NUHW and it agents and/or third parties made statements and published video which gave to voting employees the impression that the Commission was a neutral organization formed to monitor election conduct conduct by all parties, and that, prior to the polling, the Employer and SEIU had each engaged in improper conduct whereas the Commission was not, and is not, a neutral organization but at all times has favored and advocated for one of the parties, namely NUHW and/or the Commission created an atmosphere of confusion and coercion and interfered with the employees' rights.
They are neutral insofar as they have nothing to gain or lose based on the outcome of the election. As for confusion and coercion, do they really think anyone is going to buy into the idea that academics, politicians and faith leaders created an atmosphere of coercion and confusion in the week between the Commission's creation and the end of the election? Clearly confusion and coercion are the jobs of the Zombies and Memorial management.

I'm tiring of this "NUHW and it agents and/or third parties" dragnet. Why is NUHW being lumped in with their supporters? Why isn't anyone else listed by name? Is this their way of blaming the supporters of the organizing drive: BeyondChron, Empire Report, ¡Adiós, Andy!, In These Times, L.A.Times, Labor Notes, Daily Kos, and of course The Red Revolt?
8. Board agents failed to monitor and prevent improper conduct by NUHW, its agents, by employees in the voting area.
So, bite the hand that feeds you, huh? This should work out well. And how is the NLRB supposed to prevent improper conduct by employees in the voting area?
9. The Board created a ballot that displayed the employees' choices in different fonts and font styles thereby confusing voters and/or creating the impression that the NLRB disfavored the employer and considered a vote for "Neither" was not on equal terms and was of lesser significance to a vote for either union.
I can't believe I have to ask this again, but: just how dumb do they think their employees are? Do they really think if there were variations in the "fonts or font styles" employees would some how mess up voting? This isn't Florida: we aren't talking about hanging chads here!
10. By the above and other conduct, NUHW, and its agents and/or third parties, and by the above and other conduct, Board Agents, interfered with, coerced, and restrained employees in exercise of their Section 7 rights and interfered with their ability to exercise a free and reasoned choice in the election.
Clearly they have almost nothing worth investigating and certainly nothing worth holding up an election. Simply put, this is just a delaying tactic. We're all waiting and working for the day an NLRB spokesperson says "And the winner is NUHW!" In the mean time the workers and community will continue to build pressure and expose management for what it really is: a bunch of democracy hating, employee crushing individuals with only their own bottom lines.

9 comments:

  1. The desperate Zombies have only one tactic left in their disgusting anti-union arsenal orchestrated to prevent workers from choosing a union of their choice. The hypocrite SEIU espouses from one side of their collective pie hole about how great EFCA would be for workers, while from the other side of their mouth they threaten to use any means possible to stifle and prevent workers from voting their conscience. It is clear that California's home and health care workers overwhelmingly support NUHW. And isn't it interesting how the anti-union SEIU so grossly underestimated California's home and health care workers. These workers know that Sal and the old UHW are ethical and will work their fingers to the bone in order to bargain the best possible contracts for them.

    NUHW RISING! UNITE HERE RISING!

    SEIU DIMINISHING!

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  2. Although I'm sure that SEIU is not unhappy about this action by the hospital, they are not the ones who did it. Forget SEIU. The job most needing to be done now is changing the minds of those who voted "neither" union and engaging those who didn't vote at all. SEIU is an easy target and no doubt great fun to diss, but comments like this can have no effect now except for making people who don't otherwise care at all into anti-union people (as in, look what kind of nasty fighting goes on when unions are involved--wouldn't it be nice to get rid of any union and not have to hear this kind of thing?) Remember, if this complaint succeeds, the election will be rerun and now we know that the biggest challenge to victory by NUHW will be "neither", not SEIU. Time to move on.

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  3. I mentioned SEIU once in my post, and only because Memorial's complaint is so lopsided. You've said more about the long gone Zombies than I have.

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  4. Sorry, I was responding to Anon @ 8:20am with my comment, not you, Keyser. I just don't think the ALL CAPS WITH EXCLAMATION POINTS NUHW RISING SEIU DIMINISHING etc. is helpful in the context of the current situation at Memorial.

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  5. Anon@5:12, I agree with what you have to say, however in defense of Anon@8:20, He has always ended his posts with the NUHW RISING... etc. comment. Even on other blogs and letters to the editor he has written. It's his signature ending to any post or letter he writes. I don't believe it's intended to evoke the kind of negative emotional response you described, except from Andy Stern loyalists maybe :)

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  6. To Anon@5:12:
    A. as noted above, that's his *signature* and,
    B. He's entitled to his pride for this victory. In the face of a virulently anti-union employer who was aided by the big spending of SEIU, the workers at SRMH were able to finally vote in a union, after years of struggle.
    C. The "complaint" is the usual boiler-plate protest by a losing employer.
    D. Lastly -- the staff at NUHW have *decades* of experience behind them. They've been in this situation before (close organizing campaign) and everything has turned out just fine. So what's your problem? Are you just an observer who is new to this kind of thing? Or just someone who feels the need to diminish this huge historic victory for some reason?

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  7. Not needing to diminish; not eligible to vote; not a Stern supporter. Very experienced with union and other types of elections. The battle is not over. There is work to be done and minds to be changed. If y'all think that gloating is gonna help, good luck to you with that.

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  8. Well, duh. Of course there's "work to be done." Don't you think that the very experienced staff, dedicated members and community supporters know that? As for "gloating," it's not like this blog (as lovely as it is!) is presenting itself as the official mouthpiece of NUHW. There's nothing wrong with gloating about kicking SEIU's ass in Santa Rosa. Who is that going to offend? Dave Regan? Looking back up at the "offending" comment up at the top, I fail to see your point -- it's a criticism of SEIU, not "gloating." Somehow that one comment is going to further divide workers somehow? Not likely! When the election is certified, NUHW will have a lot of work to do to get a good contract. Since it will be done by the same people who have bargained some of the strongest healthcare contracts in the country, I'm sure they know exactly what is ahead of them. That's what will unite the members and cause their "minds to be changed." A contract. Not a blog comment.

    Good Luck NUHW in the Kaiser election in SoCal. Fingers crossed for you guys!

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  9. Good point Anon@6:38: a blog comment does not make or break an election. And I'm glad someone realizes my blog is not just a clever front for NUHW. These are my thoughts, and comments from readers, not NUHW.

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