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!

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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.

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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.

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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.

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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.

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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.