Homecare saves, money, lives, dignity, etc (part 1)

Yet another well written, well reasoned opinion piece about the value of homecare workers and the care they provide. It's far more than just an extremely cost effective program for our most vulnerable citizens. Read on to learn more of what I am speaking about.

Huerta/Medina split just as lame as NUHW/Zombie split

The battle for the hearts and minds of UHW members, the civil war between two very different ways of thinking about how a union ought to be run has sparked a similarly bitter stand off between former peers in UFW the United Farm Workers. Dolores Huerta a co-founder of UFW (along with César Chávez) and Medina used to fight side by side, but now Medina with the backing of the nation's most corrupt union local SEIU UHW is resorting to calling the police to have Huerta arrested for merely talking to pro-NUHW workers. Their efforts to suppress Huerta failed miserably. Read more about this at BeyondChron. My thanks to Mike Wilzoch for speaking out yet again. It's good to have some inside perspective on this unfolding side drama. For even more background on Mike's views on UHW read his letters to the editor here, here, here and here.

Zombies push for "No Union" votes fails...again!

The Zombies have revealed their main approach to defeating NUHW: vote no union...or else, with "or else" meaning NUHW will win. As happened in the election for unorganized workers at Santa Rosa Memorial Hospital, last December the no union vote, an obvious favorite of management is now the favored vote of Zombie UHW when ever they suspect they will lose a vote between the 2 unions.

Read on to see how this strategy is backfiring. One would think the Zombies would change course after losing repeatedly with this lame-o topic, but these are Zombies: they "know how to do everything" and are "never wrong". Hah!

Zombies abandon election, soon-to-be-former members

It's a rare occurrence when the Zombie just give up and walk away. For all the mighty resources they claim to have (with money likely being the only credible one left), they retreated to the lamest excuse I've heard in a long time:

Management created an extremely hostile environment so that workers who supported unionization feared what was going to happen.

This jem was uttered by stator of the obvious Zombie spokeswoman Adriana Surfas. In my mind this raises 2 questions.

1. How is this any different from any other organizing drive?
2. Since when has SEIU ever backed down from a fight?

If one looks at recent elections the Zombie have stayed in the election until the bitter end, often with disastrous results. All links courtesy of Tasty over at Stern Burger with Fries.

Salinas Valley Workers Vote for NUHW!


SWU Can't Even Get One Friend!


I guess ONE vote is better than ZERO?

But hey, it's not all bad news. Since the Zombie withdrawal those who get to vote now have 2 choices: salvation (NUHW) or more of the same (no union). Also, the Zombies are burning through obscene amounts of cash in a very short amount of time (which can't be "replaced" with a dues increase until the next convention in 2012) and the credibility of their approach to unionism is taking severe and difficult to recover from hits. Thanks Zombies for making the choice even easier!

P.S. Isn't a definition of insanity doing something, usually the wrong thing, the same way every time and expecting different results?

Updated Schedule of Final Round of Subcommittee Hearings As Budget Process Moves to Next Phase

Boldly lifted out of today's CD-CAN newsletter. Thanks Marty Omoto for keeping up up to date with the budget crisis. The Zombies clearly can't be bothered with keeping homecare members abreast of what is going on at the state capital.

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California Budget Crisis:

Updated Schedule of Final Round of Subcommittee Hearings As Budget Process Moves to Next Phase

Full Senate Budget Panel Will Meet Instead of Subcommittees on May 25^th on Human Services, Mental Health and Child Care; May 26^th  on Health Including Developmental Services and May 27 on Education

SACRAMENTO, CALIF (CDCAN) [Updated 05/24/2010  01:10 PM  (Pacific Time)] -  Both houses of the Legislature will hold their final budget subcommittee hearings Tuesday and Wednesday (and if needed, Thursday) this week, taking final action on several of the Governor’s major proposals impacting people with disabilities, mental health needs, the blind, seniors and their families, before the budget process heads to the next phase of “budget conference committee” hearings in early June.   

The full Senate Budget and Fiscal Review Committee will be meeting this week instead of its budget subcommittees, to take final action – though in the Assembly, their budget subcommittees will take final action this week. 

State Senate Full Budget Panel Will Meet Instead of Subcommittees

·         May 25^th - In the State Senate, the full Senate Budget and Fiscal Review Committee will meet tomorrow at 09:30 AM at the State Capitol in Room 4203 focusing on human service including mental health and childcare budget issues.

·         May 26^th - On Wednesday the full Senate budget panel will meet to hear health related budget issues including developmental services and take final action, instead of its five budget subcommittees (Disability Capitol Action Day)

·         May 27^th - It will hold what will likely be its final hearing to close out the Senate budget subcommittee phase of the budget process on Thursday (May 27) focusing on education issues.

Assembly Budget Subcommittees Will Meet This Week To Take Final Action

In the Assembly, its five budget subcommittees held hearings last week and took several final actions and will be  holding their final hearings on Wednesday (May 26^th)  and possibly Thursday to take any remaining final actions.  A copy of the Senate Budget and Fiscal Review Committee Agenda (24 pages) pdf file is attached to this CDCAN Report and can also be viewed and downloaded from the CDCAN website at www.cdcan.us

Action on Proposed Closure of Lanterman Developmental Center Likely This Week

Action on the proposed closure of Lanterman Developmental Center – which was previously heard by both houses in late April and early May, will likely be taken at this hearing on May 26^th by the full Senate Budget and Fiscal Review Committee and also by the Assembly Budget Subcommittee #1 on Health and Human Services also on May 26^th.

Actions by Both Houses Not Final

Actions by both the Senate and Assembly budget subcommittees – or full budget committees are not final however.  Actions by both subcommittees or budget committees at this stage – especially if both agree, however does send a strong signal about the position of the Legislature on a particular proposal by the Governor. 

The process heads to the next phase – the budget conference committee (a joint committee of 6 members, 3 from each house) to work out any different actions that either house took.  That phase lasts through most of June – and then the budget process goes to the Assembly and Senate floor, where it will likely remain until a budget agreement is reached with the Governor and the legislative leaders.  A long budget stand-off, given the enormity of the budget deficit, is seen as certain, to probably last through the summer. 

MAY 25^TH  SUMMARY OF SENATE BUDGET & FISCAL REVIEW COMMITTEE AGENDA

Copy of this 24 page agenda is attached to this CDCAN Report and can be downloaded also from the CDCAN website at www.cdcan.us

HUMAN SERVICES AND CHILDCARE

1. Department of Alcohol and Drug Programs (Budget Item 4200)

* Elimination of Drug Medi-Cal Services, with the Exceptions of Perinatal and Minor Consent Programs

* Elimination of Funding for Offender Treatment Program

2. Department of Social Services (Budget Item 5180)

* Elimination of CalWORKs

* CalWORKs Grant Reduction

* Elimination of CalWORKs Recent Noncitizen Entrants Program (RNE)

3. Department of Social Services (Budget Item 5180) and California Department of Education (Budget item 6110) – Child Care Issues only

* Eliminate General Fund for Child Care Programs and Shift CalWORKs Child Care to the Alternative Payment Program (Issue 326)

* Regional Market Rate (RMR) Reduction

* Reduce Income Eligibility (Issue 323)

* CalWORKs Stage 3 Reduction (Issue 323)

* Adjust CalWORKs Child Care Caseload Funding (Issue 325)

* Negative COLA [“cost of living adjustment”]

* Proposed Plan to Recover Improper Payments from Child Care Programs (Issue 329)

4. Department of Social Services – continued (Budget Item 5180)

* In-Home Supportive Services “Cost Containment”

* SSI/SSP Grant Reduction

* Elimination of CA Food Assistance Program and Cash Assistance Program for Immigrants

* Redirection of County Savings

* Shift of County Mental Health Realignment Funds to Child Welfare Services and to Food Stamp Admin

5. Department of Mental Health (Budget Item 4440)

* Special Education Mental Health Services (AB 3632)

RESOURCES AND TRANSPORTATION BUDGET ISSUES

1. Department of Parks and Recreation (Budget Item 3790)

* Funding State Parks

2. Department of Transportation (Budget Item 2660)

* Defer Transportation Loan Repayment

* New Transportation Loan from net new “Fuel Swap” revenue

2740 Department of Motor Vehicles (Budget Item 2740)

* Motor Vehicle Account Loan to General Fund

FINAL SUBCOMMITTEE AND FULL COMMITTEE HEARINGS THIS WEEK

Please note: hearing dates and times are always subject to change.  For persons unable to attend the hearing today, phone numbers and addresses of both Senate and Assembly subcommittee health and human services members are listed below in this report for persons to send or call in their comments.  Given the volume of emails, comments or inquiries by email generally are not useful unless a person knows the staff person or the legislator. 

TODAY - MAY 24, 2010 – MONDAY

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES

***Hearing cancelled***

SENATE BUDGET SUBCOMMITTEE #3 ON HEALTH AND HUMAN SERVICES

TIME: 01:30 PM or immediately after Senate Appropriations Committee hearing ends [that committee is scheduled to meet at 11:00 AM]

WHERE:  State Capitol – Room 4203

WHAT WILL BE HEARD

Governor’s May Revised Budget proposals and “open” issues:

* Secretary for California Health and Human Services Agency (Budget Item 0530)

* Office of Statewide Health Planning and Development (Budget item 4140)

* Department of Aging (Budget Item 4170)

* Department of Alcohol and Drug Programs (Budget Item 4200)

* Department of Child Support Services (Budget Item 5175)

* Department of Social Services (Budget Item 5180)

* Other departments as necessary

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard

PRIORITY:  HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if you are able to

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  This will be the last hearing for the year for this budget subcommittee. – the full Senate Budget and Fiscal Review Committee will meet May 25^th and May 26^th to take final action on any remaining “open” issues that the Senate budget subcommittees did not yet take. 

MAY 25, 2010 – TUESDAY

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES

***Hearing cancelled***

SENATE BUDGET & FISCAL REVIEW COMMITTEE

TIME: 09:30 AM

WHERE:  State Capitol – Room 4203

WHAT WILL BE HEARD

Governor’s May Revised Budget proposals and “open” issues:

Human Services (including Mental Health)  and Child Care Budget Items:

* Alcohol and Drug Programs (Budget Item 4200)

* Department of Social Services  (Budget Item 5180)

* Department of Education – Child Care Issues only  (Budget Item 6110)

* Other Department of Social Services Issues including SSI/SSP, IHSS (Budget Item 5180)

* Department of Mental Health (Budget Item 4440)

Resources Budget Items

* Department of Parks and Recreation (Budget Item 3790)

Transportation Budget Items

* Department of Transportation (Budget Item 2660)\

* Department of Motor Vehicles  (Budget Item 2740)

General Government Budget Items and Other Departments As Necesssary

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard (it is always up to the committee chair)

AGENDA AVAILABLE; Yes – attached to this report and also on the CDCAN website at www.cdcan.us

PRIORITY:  VERY HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on. All the Senate Budget subcommittee hearing dates scheduled on this date and Wednesday have been cancelled with the full Senate Budget and Fiscal Review Committee meeting and taking action instead. 

MAY 26, 2010 – WEDNESDAY

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES

TIME: 09:00 AM

WHERE: State Capitol – Room 4202

WHAT WILL BE HEARD:

Governor’s May Revised Budget Proposals and “Open” Issues

·         Human services budget items

·         Health budget items including developmental services budget items

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard

PRIORITY:  HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  Full Senate budget committee is scheduled to hold its final hearing during this phase of the budget process on this same day and beginning just 30 minutes later.

SENATE BUDGET & FISCAL REVIEW COMMITTEE

TIME: 09:30 AM

WHERE:  State Capitol – Room 4203

WHAT WILL BE HEARD

Governor’s May Revised Budget proposals and “open” issues:

Health Budget Items

* Department of Health Care Services - Medi–Cal (Budget Item 4260)

* Department of Public Health (Budget Item 4265)

* Managed Risk Medical Insurance Board (Budget Item 4280)

* Department of Mental Health (Budget Item 4440)

Judicial, Corrections and Public Safety Budget Items

* Judicial Branch (Budget Item 0250)

* California Emergency Management Agency (Budget Item 0690)

* Department of Justice  (Budget Item 0820)

* Dept of Alcoholic Beverage Control  (Budget Item 2100)

* Dept of Corrections and Rehabilitation  (Budget Item 5225)

Other Departments As Necessary

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard – it is always up to the committee chair

AGENDA AVAILABLE: Not yet

PRIORITY:  VERY HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on. 

MAY 27, 2010 – THURSDAY

ASSEMBLY BUDGET SUBCOMMITTEE #1 ON HEALTH AND HUMAN SERVICES

TIME: 09:00 AM

WHERE: State Capitol – Room 4202

WHAT WILL BE HEARD: Any remaining“Open” Issues

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard

PRIORITY:  HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  This Assembly budget subcommittee hearing is scheduled but may not be held if all “open” issues were taken up and acted on the previous day. 

SENATE BUDGET & FISCAL REVIEW COMMITTEE

TIME: 09:30 AM or upon adjournment of the State Senate floor session

WHERE:  State Capitol – Room 4203

WHAT WILL BE HEARD:

K–12 EDUCATION

* California Department of Education (Budget item 6110)

HIGHER EDUCATION

* University of California (Budget Item 6440)

* California State University (Budget Item 6610)

* California Community Colleges (Budget Item 6870)

* Student Aid Commission (Budget Item 7980)

REVENUES

EMPLOYEE COMPENSATION

OTHER DEPARTMENTS AS NECESSARY

PUBLIC TESTIMONY:  Yes – though not likely on items “for vote only” or items previously heard – it is always up to the committee chair

AGENDA AVAILABLE: Not yet

PRIORITY:  VERY HIGH

SHOULD PEOPLE COME TO THIS HEARING:  Yes if they can – though not if coming from out of the Sacramento area. 

CDCAN COMMENT: “Open” issues refers to issues this subcommittee has previously heard earlier this year but still needs to take action on.  This is likely the final hearing of the Senate Budget and Fiscal Review Committee to close out the Senate budget subcommittee phase of the budget process. 

Interview with Sal Rosselli, leader of NUHW

No no not by me, I didn't even study journalism.* But for my newer readers who might be trying to make "heads or tails" of the SEIU/NUHW mess. It's not in depth, which is good because this fight for union representation style (top down vs. bottom up) is quite complex, nuanced and hotly debated, yet he so masterfully lays out the history and problem surrounding SEIU and NUHW's perspective.

* I have a degree in IT (Linux admin for all you nerds out there in the "blogosphere").

Unable to fight fairly, Zombies hit below the belt

I don't know about you but I'm already tired of Mark Key Henry and what's going on at SEIU on the international level. To me, the new prez is just as divisive, manipulating and power hungry as her predecessor. She may be able to make amends with the unions and others Stern drove off, but like Stern she won't even consider working out SEIU's differences with NUHW. Apparently, it's ok to pick a fight but not ok to call a truce.

* * *

Anyway, on the the meat of this entry.

It appears the Summer Games, errr I mean WWIII has begun. Randy Shaw scoops the story below. Having been burned by the Zombies I look forward to a summer of stunning defeats for the Zombies. I fully expect they will "win" some elections if only by brute force, 100% annual turnover at various nursing homes with pending elections and because of these conditions NUHW has to good sense to pullout before the election.

P.S. Check out the memo referenced in the article: they have to stop writing this stuff down!

Best friends forever?

Shown below is Mary Kay "No truce for NUHW" Henry and Sonoma County homecare's very own Karen "____, you're a sleazy bitch" Timmons. If I were that physically close to MKH, I'd be locking horns with her by asking her uncomfortable questions about the past betrayal of her union's members.

State's Largest Voice on In-Home Care Reacts to Governor's Revised Budget Proposal

This is interesting to me since homecare and nursing home members in Zombie UHW will be eventually forced into this ghetto local of SEIU. I wonder what the Zombie are doing to prevent this wholesale attack on homecare workers. Given their implicit approval of fingerprinting of providers (homecare workers) I'm putting my Monopoly money on no action from Zombie UHW whatsoever.

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LOS ANGELES, May 14 /PRNewswire-USNewswire/ -- SEIU ULTCW, the United Long Term Care Workers, will host a brief tele-press conference later today, reacting to Governor Schwarzeneggar's Revised Budget Proposal related to the funding of In-Home Care for some 400,000 low-income elderly and disabled Californians. Laphonza Butler, President of the 179,000 member union will be giving reaction and taking questions.
In his prior budget, submitted in January, the Governor proposed a nearly 87% elimination of this vital, cost-saving, lifeline-level program.  

What: Tele Press Conference on CA In-Home Care Budget
When: Today, Friday May 14 at 3:00 PM, PST
Where: By Phone. Call-In Instructions ?
Dial 1-866 278 0296, passcode: 9967401
For more background on us, go to www.seiu-ultcw.org

"You Have 0 Friends"

Ever notice how half of the Zombie UHW emails use the phrase so-and-so reject NUHW? The Zombies should know rejection of NUHW from constant pounding of members until they voted SEIU is a hollow victory at best. Well now the shoe is on the other foot and SEIU, as a whole is being rejected by both ILGWU and UNITE HERE. So what to do, when no one wants to be your friend? Well it's official: the unintended consequences of raiding UNITE HERE while denying such a treacherous action is taking place is proof no one that matters likes SEIU! Keep shooting yourself in the foot Zombies.

Fingerprinting of homecare consumers finally illegal!

Thanks to the unanimous decisions of Assembly Budget Subcommittee #1 on Health and Human Services, chair Assemblymembers Wes Chesbro, Jim Beall (both Democrats) Bob Emmerson and Brian Nestande (both Republicans) the fingerprinting for consumers as an anti-fraud measure is now illegal. Thanks to Marty Omoto for his timely report on this crucial decision.

California Budget Crisis:

Assembly Budget Subcommittee Votes to Rescind Fingerprinting Requirement of IHSS Recipients – Follows Senate Budget Subcommittee Action Last Week

Law Remains In Force Until Full Legislature and Governor Approve It As Part of 2010-2011 State Budget

SACRAMENTO, CALIF (CDCAN) [Updated 05/12/2010  02:50 PM  (Pacific Time)] – The Assembly Budget Subcommittee #1 on Health and Human Services, chaired by Assemblymember Wes Chesbro (Democrat – Eureka, 1^st Assembly District) voted  4 to 0 this afternoon to rescind the state law passed as part of the 2009-2010 State Budget last July that requires the fingerprinting of all recipients receiving In-Home Supportive Services (IHSS).  Note: the final vote could change if any missing subcommittee members add their votes to the roll call. 

The action was supported by Democrats Chesbro and Assemblymember Jim Beall and also the subcommittee’s two Republican members, Assemblymember Bob Emmerson and Brian Nestande.

The motion by Assemblymember Chesbro would reject the $8.2 million currently in the 2009-2010 State Budget and $5.6 million funding proposed in the 2010-2011 State Budget and any additional associated funding for purposes of fingerprinting IHSS recipients and shift any unspent money into the budget of the Department of Social Services.  Chesbro’s motion would also create corresponding budget related language (referred to as “budget trailer bill”) that would rescind current state law requiring fingerprinting of all IHSS recipients and also state law that requires their fingerprints on all timesheets of their IHSS worker (provider). 

The action follows a similar vote last week by the Senate Budget Subcommittee #3 on Health and Human Services chaired by Sen. Mark Leno (Democrat – San Francisco).

What The Action Means

·         The action by both subcommittees today and last week is not final and still needs approval of the entire State Senate and Assembly -  and then approval of the Governor.  Those approvals will be part of any overall agreement for the 2010-2011 State Budget which, given the enormous budget deficit, will likely be months away. 

·         The action today would rescind or repeal state law – and the funding to implement it – the requirement for mandatory fingerprinting of all recipients who receive IHSS.  The current state law does allow for certain exemptions of the requirement.  However the fingerprinting law still remains in force until final action on this is given by the full Legislature and approved by the Governor as part of the 2010-2011 State Budget.

·         The requirement to fingerprint all IHSS recipients has not been implemented yet by the Department of Social Services – the state agency that oversees the IHSS program statewide, but is proceeding forward as a pilot in certain parts of the state.  If the full Legislature and Governor end up giving final approval of today’s subcommittee action, the effort to move forward on the pilot would end. 

·         The action today did not address and does not impact the fingerprinting and background checks requirements of IHSS workers (providers) that was  passed as part of the 2009-2010 State Budget last July.  Those requirements went into effect on November 1^st and is underway now.

$41.6 million less for homecare client harassment

The state Senate Budget Subcommittee on Health and Human Services has blocked the Governator's latest attempt at harassing homecare consumers (clients). This now frees up $41.6 million that would have been used to intimidate and potentially eliminate a large number of worthy clients from the In Home Supportive Services (IHSS/homecare) system. Will this money  instead be allocated to supporting the program instead of destroying? You all know my answer.

My half-day in court

Warning: Brief occurrences of what some would call harsh language are shown below.

Update: Check out Elsa' comment below. I'm not the only one who had been threatened by Mark.

Long time readers of the Red Revolt will remember the pitiful rally the Zombies put on back in December in front of Santa Rosa Memorial Hospital as proof of the Zombies endless love for the workers (a love that was almost completely unknown to the workers and definitely not reciprocated). That 50-ish minute rally was such a bore. Luckily for me that evening had a brief moment of mild excitement. While writing the blog entry about the rally I was recieved a phone call from gravely voiced Mark Nelson (below, right). He called that night and stated that I was "a bitch", "an asshole" and he was "going to kill you and your wife if I ever see you again". This is in all likelihood a hollow threat...but a threat is a threat and I need to take whatever protective measures I can to protect my wife, my stuff and me, provided they are within the confines of the law. Working within the confines of the law...it's just the NUHW way!

*   *   *

From my own experience Mark is human megaphone and from the credible sources I've spoken to he is a world class union bully. He does as he is told without understanding, hesitation or any perception of the irony of member-on-member threats or violence. Division among the members is ok with him as long as he gets union staff approval. There will probably always be some bad blood between Zombie UHW supporters and NUHW supporters, especially those that are still represented by UHW. I have always tried to not fight against my homecare members, no matter how much their willing ignorance and blind obedience proves the need for enlightenment. Instead I educate my peers them by speaking in calms tones (as opposed to this witch), listening, and gently working into the conversation the Zombies own plans for world domination at the expense of it's dues paying members. Specifically I tell them, with supporting documentation that can be independently verified, UHW's publicly stated plans for dividing long term care workers (homecare and nursing home) from the hospital workers which form the rest of the quickly disintegrating Zombie UHW. Why Zombie SEIU ever thought separating long term care workers and placing us in the low wages for homecare workers local replete with corrupt leadership would ever fly is a mystery to me.

Balancing my need to protect my wife, our lives and things against this loose-cannon Zombie UHW supporter with convictions including 2 misdemeanor DUIs, disturbing the peace and theft, I filed the paperwork for a restraining the day after the December rally. And then I waited, and waited and finally asked what do I do next some time in February. I asked what happened to the paperwork and was told "it takes a while to process". So I waited a while longer and at this time it was the end of March. When I asked this time I finally found a clerk who would explain the restraining order process. Turns out restraining order requests received before 8:30 AM and processed by 2-3 PM the same day or the next business day if received after 8:30.You'd think after filing the paperwork and getting approval to proceed they'd at least call me to let me know I have to come down and take the next steps, but no that's not how they do business. I filed it again on March 31, and it was promptly rejected due to lack of information. I tried one more time: I filled in all the blanks and checked off all the boxes and refiled soon after, this time with an better explanation of the danger Nelson poses to my wife and me and his past criminal convictions. This time it worked and a court date was set.

I was kind of expecting Nelson to not show up to court. I'm not sure if he can drive or has a vehicle. I should have guessed that being a Zombie UHW supporter he'd behave in typical Zombie fashion and hit me with everything he's got, as you will see below. Not only did he supply a packet of mostly irrelevant and outdated paperwork including letters of recommendation and medical descriptions of his nephew's needs and dependency on him, he brought along his own cadre of blindly obedient Zombie supporters include Marie "look at me, I'm the Chicken Lady!" Melchor (below, left), Karen "I'll make a reference to 72 virgins at a Sonoma County Board of Supervisors meeting" Timmons, Bonita "but we're winning against NUHW" Graham, and both last and least impressive of all Zombie UHW field rep Shareefah "Reefah/you're kicked out of my office for life for trying to take a piece of paper that all UHW members have a right to have (explained below)" Joseph. There were a couple of other supporters there but, really, who cares?! Nelson also had his own "legal adviser", I did not. I didn't think I needed one he has a criminal record and phoned in a death threat.

Photo credits: Marie's image is from a frame I pulled out of the Shine a Light video; Nelson is on Flikr. Both the video of her and the photo of him were submitted by the Zombies.

*   *   *

So the trial began with the judge urging us to go onto the hallway outside the court and work out our differences with a court appointed mediator. Short (and boring) story short: we both agreed to stay out of each others for the next 2 years lives unless we are both at a union related function and then to keep 25 feet apart. I can do that, I've been doing it for years. Nelson and I don't run in the same social circles and rarely find any value in what the Zombie staff are saying so this should  not be a problem.

You might ask: "Yeah, so, where's the interesting part come in?!" and I'd say the same. Hold on to your socks folks, and get ready for me to bring on the stupid that is Zombie UHW staff and supporters.

*   *   *

So while waiting for Nelson to read over the mutual stay away order, I read the contents of the packet Nelson wanted to present to the court proving that I am indeed the devil incarnate. It may be a response to my letter explaining our need for protection from Nelson.

As you will note I didn't reveal the name of this mystery woman. I had no idea the Zombies, both Reefah and the member supporters, would attempt to identify her...and miss! At this point it's not really important who she is, suffice it to say she isn't the unanimously misidentified Elsa Stevens.

Here's Reefah's recollection of that evening.

Two questions come to mind:

1. Why wasn't Elsa allowed in? They had a roster to check who had voted so far. If a voter's name is crossed off that member doesn't get a ballot. The very fact they wouldn't allow members to speak out against the contract speaks volumes about the Zombies fear of informed members and NUHW's superior relationship with us, the prisoners of Zombie UHW.
2. What is this nonsense about the seat being "Mark's seat"? Do they view us a kindergartners? Of course they do!

Monica Reeder, another one of the "elite" bargaining team members responsible for our current ticking time bomb contract has some very nice things to say. I'm sure it's all true and Mark is as pure as the driven snow (bleeeeech), but what I find much more interesting is the quality of the writing.Clearly this is the kind of person that should NOT be bargaining labor contracts.

Spelling mistakes, word choice ("gotten"), lack of proofreading and clearly the writing of a grade school student...is it any wonder why the Zombies prefer their supporters to be unquestioning and blindly obedient? Add to this the changing last name of Elsa and the statement that Petaluma is Elsa's "area of voting" and you see there is confusion among even the Zombie followers about who gets to vote and where. Why would Elsa, who lives in Healdsburg be required to vote in Petaluma, 32 miles away? Sounds like voter oppression to me!

Keep in mind this restraining order request was about Mark's death threat phone call, not the rigged election.

(Begin rant)

The ratification vote was spread out across 3 days, one city on each day for 2 hours, (that's 6 hours for 5100+ members, or an average of 14 votes a minute, if we all had been able to show up) in the middle of rush hour. They did this under the guise of greater voter turnout but really they didn't want people to view the contract before voting, and certainly without a consultation from brainwashed bargaining team members before casting a ballot in the rigged vote. Before the trusteeship voting was done by mail, alone and with a copy of the proposed contract in hand so members had the opportunity to make an informed decision. Why would they be so secretive when the are just going to count the votes themselves? Purple paper ballots, without a vote concealing envelope, into a cardboard box...never have I felt like my vote didn't count. When I voted in Petaluma, I did so because the other 2 days I could have voted I had work. Voting  in Santa Rosa, where live would have been more convenient.

(End rant)

Finally is Karen Timmons recollection of Mark blocking members from attending the vote. Karen is convinced that Elsa came to disrupt the voting; knowing Elsa I believe she came to watch and take note of the coercive voting for her own "enlightenment".

Well at least the writing is commensurate with that of an adult but you can tell she is willing to accept the assumption about Elsa's presence and actions that night. Was Elsa at the Library in Healdsburg that night? I don't know or care. Her actions that night have nothing to do with Mark calling me.

How it is that Karen, a woman with a  Masters degree, crossed-over to the dark side? If you ever have the misfortune of meeting Karen you'll know in an instant. Some people are just dieing to drink the Purple Kool-Aid.

So you can see the Zombies are so desperate to oppress the truth with irrelevant claims and mutual assumptions about who did what, we can focus on something real. And this where it become quite interesting.

*   *   *

Shown below is Karen's defense of her part in an email exchange. I'd suggest you go read the email exchange first them come back to her "but he started it" claim below.

 

Karen was working with NUHW supporters until she emailed us stating:

Hi Everyone -

Because of health problems these past few weeks and upcoming personal matters, I will no longer be a member of the Steering Committee or a Steward. Best of luck to us all.

- Karen

It wasn't long before she showed her face with a sickly Purple tinge.

Also, what evidence do you have to prove "____ has a history of going 'where wise men fear to tread' "? Don't you just love the claims of the Zombies that are without merit or substantiation?! Unless I'm mistaken, I think this is nearly every claim made since the trusteeship!

One would think the rigorous training you received for you MA gave you the tools to look at what is going on objectively and make informed decisions. Sadly you are far too eager to turn your back of your fellow homecare workers for the privilege of bargaining an all give away contract.

Next up is Reefah's recounting of one day a long time ago about something that has nothing to do with anything presented in the restraining order request.

If only this statement tried to reflect what really happened that day. Yes, I was at the office, probably asking questions she didn't want to or knew how to answer. While there I saw some fliers advertising the UHW funded bus trip to Sacramento to lobby legislators about not killing funding for homecare.What Marie had in her hand was a copy of a flier with the date and time to get on the bus. I took a copy for myself since I have a lousy memory, and this really angered Marie and Reefah. Earth to Reefah: I'm a union member too! Turns out dues paying UHW members who are even suspected of being NUHW supporters, aren't allowed onto the bus. This was back when the Zombies still kind of cared about fighting for members instead of fighting with members, and Reefah was tolerant of NUHW supporters being in her office. Nevermind that I am a homecare worker just like them, this is a labor law violation and I am one of the few who have the courage and public speaking experience to address the Senate subcommittee. Reefah's M.O. is all about dividing the members according to union preference. Fortunately for me, I never really have to go to the Zombie UHW office, so this lifetime ban for "still"ing a piece of paper my own union printed for my benefit has no real impact on me. Reefah you have my word that, as soon as I figure out what it means to "still", I will never "still" anything, ever!

Next up is Reefah's partner in crime, Marie Melchor, a/k/a the Chicken Lady. I'll transcribe what she wrote since the copy is kind of light and hard to read. Jonathan Nelson is the nephew of Mark Nelson.

STATEMENT OF MARIE MELCHOIR

Dec, 9. 2009

I was at a union event outside [Santa Rosa] Memorial hospital. I am Marie Melchor and I was accompanied by Jonathan Nelson. I was the UHW mascott [sic] so I'm dressed as a UHW Chicken. I gave Jonathan Nelson to Mark Nelson so I could mascott. [Mascot is now a verb!] When we were done parading around on the sidewalk I took Jonathan Nelson with me after Jonathan and I [we?] watched Mark Nelson board the bus Jonathan and I were walking to my car when ____ came running up on us with flashing camera lights. Jonathan started yelling and hitting at the flashing lights. I was hit in the face by Jonathan and given a bloody nose. I yelled at ____ and told him he needed to back off. ____ refused so I said "if you don't back off I'll have to shit on you!" I took Jonathan Nelson back to my car and had him sit in the back seat. He hit the back of my seat violently and was yelling. I let him calm down before I got in and drove him to Petaluma. to where Mark was. I told Mark about what had happened and Mark was upset hearing it. Jonathan went with Mark and I drove home. I was so mad after having a bloody nose and knowing that Jonathan hit Mark that I made a phone call to ____ yelling at him when he picked up the phone telling him "You don't mess with the disabled" in my loud voice. Then I hung up my phone. The phone call to  ----'s house was made on Dec. 10, 2009.

Marie J. Melchor

Sheesh! There's so much to pick apart here, so I'd better get started.

First off, assuming Marie sustained injuries from Jonathan's reactions truly happened did Marie or Mark make a police report? I am suspicious of the date on her letter.

My recollection of that day was I stepped out from behind a bus shelter so I could take a picture of Maire in her Chicken Lady costume. When she asked me not to take a pictures of her I turned off my camera and walked away. There was no violence inducing flashing lights; the flash won't fire during the bright of day! The pair walked back down and then crossed the street without incident A bloody nose shortly after I allegedly took the "flashing lights" picture would have been awesome "smoking gun" evidence to warrant a restraining order or other court action, but I've never been served Why this didn't end up in a Zombie UHW flier speaks to the credibility of Marie's statement.

As for threatening to shit on someone...what finishing school did she go to? A woman who is willing to wear a UHW Chicken costume is quite telling of the kinds of members the Zombies are courting for purposes of "democratically elected" bargaining committees, stewards, etc.They seem to love the phrase "democratically elected _________" so they can assuage the thoughts of doubting members and the media. Also, shouldn't it be an NUHW Chicken costume?

If I were Mark I'd be upset about my nephew's temporary caretaker fabricating such a story. Marie, it's ok to tell - and hear - the truth.

Neither my wife nor I received the phone call she described. However, she had admitted to calling me at my home, so this might be good self-incriminating evidence to have on hand for the future. Heh heh heh, thanks Maire!

As for messing with the disabled, little does she know how long I have been with my wife and for the last 10 years taken her skiing with her disabled friends. Clearly I know nothing about the disabled.

Ok, folks we're almost done. I'm tired of researching, writing and editing this wonderfully lame story.

Finally, here is Mark's description of what he didn't do with a nauseating ending including a jab at NUHW that had nothing to do with anything.

First off is his statement that I didn't suffer emotional distress. Meh, whatever.

____ has not suffered emotional distress because of the accusations he made are false.

(I permantely disabled the caps lock on my computer and I'm not holding down shift while I transcribe; otherwise the transcription is verbatim. Text in bold was added for emphasis.)

Next is his side of the story.

____ assaulted my 23 yr old severely disabled and partially blind nephew and my friend, Maire Melchoir [sic] on Dec 9, 2009 by repeatedly flashing a camera in my nephews eyes 6 or 7 times) despite Ms. Melchoir's pleas to stop because my nephew has a seizure disorder and violent outbursts.) I was not present at that time and Ms. Melchoir called ____ the next day to tell him never to do anything like that again because my nephew had a

[continues on next page]

seizure disorder and a violent outburst that lasted over and hour and resulted in me getting hit, as well as Ms. Melchor right afterwards.

I never called Mr ______ or threatened/him despite what he did.

On Sept 23rd I was working with Monica Reeder, another UHW volunteer like me, greeting members at the doors of the Healdsburg Library when Ms. Else Stevens, the woman referred to in the complaint approached me. I motioned her to the door where union reps Shareefah Joseph and Gustavo Corralo [sic]. Confronted Ms. Stevens because she has already voted the day before in Petaluma on the union contract. After agreeing she has already voted, Ms. Stevens chose to stay and chat with me and Ms. Reeder for over 45 mins. These are not the actions of someone who feels threatened.

____ made false accusations against me, harassed other union members, and misused the justice system to further his NUHW cause.

Funny how his statement is based upon someone else's biased, stand alone statement. All he did was place the call, he had no other part in my complaint. Why didn't he bring his phone bill proving at least he didn't call me from his home or cell phones is beyond me. Proving a negative is difficult at best, but Mark could have tried. He also could have filed a police report or done anything to make his case and protect his nephew from us free thinking freelancing photographers

I have to agree with Mark: these are not the actions of a threatened person, too bad his assumption about who I refered to in the complaint is flat out wrong.

Finally, as for misusing the justice system to "further his NUHW cause", Mark you couldn't be further from the truth. UHW is the reining king of misuse of the legal system for it's own gain. Filing to block an election and then selectively pressing some of those same elections to be schedules is an abuse of the legal system that put my alleged misuse to shame. This is about your thoughtless, knee-jerk, death threat laden phone call. Grow up and leave us alone. If I had a recording of your phone call you would have had a restraining order by the end of last December.

*   *   *

Mark, Marie, Karen and other homecare workers not mentioned here were, at first, NUHW supporters. Mark was so committed to the cause he got, long before the trusteeship, a UHW tattoo. Yeah. Check his arms next time you see him, that is, if you dare get close enough. Unfortunately for them they crossed-over to the dark side and drank copious quantities of Purple Kool-Aid, forming a dependency within days. I think it is unfortunate because they knew what UHW had in mind for homecare workers, knew they were talking to peers who had mutual gain in mind and they knew UHW would say anything to keep it's members from defecting to a much better union. They knew full well what was going and still turned their back on their peers to serve themselves.

My theory about why this group of Zombie supporters so willingly and blindly following their master's lead included 3 likely reasons: they listen to whatever they perceive as an authority and follow that person's lead, especially if that person lavishes the subject with attention; the utter disbelief that UHW has fundamentally changed; and they've heard just Zombie UHW's perspective, and without some other source of information about the struggle for healthcare workers, this is all they believe. Part of why I wrote this very lengthy article was so I could try to tell the whole story and allow the reader to decide what's true and what's fluff. This, more than anything else, is what separate NUHW and its supporters from the Zombies.

I didn't get my restraining order but I did get a whole lot of insight into who makes up the Zombie "leadership" in Sonoma county.