"Meanwhile at the Legion of Doom..."

Disclaimer: Exactly who said what and name spellings may be incorrect but the gist of what was said should be pretty easy to figure out and follow.

Artists rendering of the tightly controlled teleconference Friday afternoon.

An unexpected perk of following the trial from the Zombies perspective included a mass email invitation to the post verdict debriefing. I received two invites: one sent to my real name and email address and one for the blog. Much to my surprise both received replies with the phone number to call. So I called in under my real name and after waiting on hold for 10 minutes (I called 2 minutes early to make sure I got in) I was patched into the call in the middle of a man's sentence. He then introduced Mary Kay Henry, International VP of SEIU. What a cheerleader!

When she took control of the phone call she announced an agenda.

1. Verdict
2. Evidence
3. Feelings & Impressions

Verdict

So, of course they were happy with the verdict for obvious reasons. Now they finally have a third party/jury-based opinion about these crimes against SEIU that the former UHW employees allegedly committed for defending the wishes of their members above the dictatorial wishes of Führer Stern. No doubt they will go to ridiculous lengths to promote this verdict to their own advantage, including recycled lies and other puffery.

Keep in mind the representation cost for Zombie SEIU was, according to Steve "Don't take the Bait" Trossman, $5 million and involved for 4 law firms. Given the Zombies propensity for lying it's sure much more than $5 million. Should they get every penny of the award (see below) they still lost $4.3 million, backed off of or had numerous claims struck down, galvanized NUHW staff and supporters and have further pitted members against each other and employers against workers. As both Randy Shaw of BeyondChron and Tasty Burger at Stern Burger with Fries point out, the award is for either $724,000 against NUHW itself or $854,150 for the 16 remaining (out of 28) defendants. Added together this adds up to just a little more than the oft repeated "more than $1.5 million" the Zombies are fond of quoting. 12 defendants were cleared of all charges including 2 during the trial itself.

Evidence

The evidence the Zombies presented included:

• secret conspiracy as far back as 2007, (likely a reaction to the secret deal with nursing home operators which is a real conspiracy!),
• secret access to UHW servers (sounds like a lazy or incompetent sys admin to me),
• secret (non-UHW addresses) email system (which, when used to resist a trusteeship is totally legal, as pointed out numerous times by Judge Alsup),
• $3 million secret slush fund (didn't they drop this claim early on in the suit? It isn't listed in their "Guilty" flier.)

At this point a man's voice took over and covered many point to put the listeners into a froth. He stated that among other things, former UHW leaders:

• resorted to violence (but gave no examples)
• used members as a shield for their activities (it's the members who need a shield from Zombie UHW, just ask Liz Castillo!)
• circulated disassociation petitions (still not illegal)

Feelings & Impressions

He then stated that "they can't be trusted ever on anything". Has he (I believe he was Kohlman, the lawyer) followed what the Zombies have done since the trusteeship? Talk about the pot calling the kettle black!

Finally he stated that everything in Barbara Lewis' [make the local] "ungovernable" memo came true. I don't know what the document stated, if it was a note to herself or a policy to be followed but the Zombies have done a fine job of making UHW ungovernable all by themselves. Of course this last comment concerns what has happened outside of January 2009, the focus of the trial, but still...I'm just saying.

At this point a Daughters of Charity member stated that she was very upset about the expired contract, and it's canceled extension. I wonder if she can admit to herself that the contract expiration and subsequent cancellation of the extension was to allow the members to strike for improved benefits. The half-truths Zombie supporters are willing to believe say in order to convince themselves the Zombies have their best interests at heart despite overwhelming evidence boggles the mind!

For a while there was some random spouting off from the "member bloggers" including Rudy Vallin stating it's time to "get back to work". Erica Boddie, another "member blogger"stated she was disappointed, felt this was a "slap in the face", complained about "purple shirts turning to red" and wondered why former leadership wasn't "practicing what you preach". She wanted it known that if she felt something was wrong with her union she would do everything within her power to fix it. What?! Where were you in the months leading up to the trusteeship? It's so easy to say that now! She also stated the obvious by saying that this trial "deeply impacted the labor movement" and now is the time to "restore the labor movement". Finally, she stated the trial has caused a lot of confusion among members. This surely was one of the Zombies goals, and for those Zombie supporters that read and believe everything stated in their emails and other propaganda, then pick up a newspaper or read any other source of news or opinion,confusion will result. And confused people made decisions they don't understand.

Mary Kay kicked in with a few completely unbelievable comments. She stated the "nation is cheering", spoke highly of the "3 incredible ['member blogger'] leaders" and finally "I'm completely indignant!"

Q & A

Finally came the Q & A which showcased how brainwashed some of the Zombie UHW members really are, and how some members will believe what ever is told to them by the union, no matter how ludicrous.


April, from Kaiser Vallejo, stated this was a "great, great, great victory" but wanted to know what was next, specifically do they go to jail? No, this was a civil trial jail time is not an option. Where would they get the idea jail time was a possibility for the defendants? Hmmmmmmm.

Not wanting to pass up a chance to show off her self-deprecation skills Erica Boddie stated she would have been just as happy with a damage award of "$1.98".

A reporter from the Daily Labor Report asked about the fees for representation. Erica's response: likely equal to what NUHW spent defending itself, but most importantly "the cost to us was a moral victory"! I couldn't have misquoted myself any better than she did just there. She didn't even stop to correct herself! She was confident about the excellent representation! Sheesh. The self-denial among this group of sheep is amazing to say the least!

David Moberg, of In These Times asked what evidence did the jury agree with, and was told "the jury just took it all in". How's that for a non-answer?!

Erica spoke up again and said she is "here to represent the members" and "it's time to move forward"

Finally some members who were waiting on hold got in on the action were allowed to speak. Sonoma county's very own human megaphone, homecare worker and one time NUHW supporter Mark Nelson profusely thanked the lawyer for his work, and then proclaimed the new name for NUHW: "First name: Nothin', Last name: Comin' ". This is the level of understanding and sophistication we in Sonoma county have come to expect from Mark. I was somewhat disappointed when Mark didn't try to start and S-E-I-U! S-E-I-U! S-E-I-U! chant right then and there.

But the best part came in the last few seconds of the teleconference from yet another Sonoma county homecare worker and turn-coat Karen Timmons (a/k/a marymagdaleneforpresident or Nerak as she is known on the "member blogs"). She stated without hesitation and quite proudly that Sal and company didn't care about workers, and, (I'm not putting words into her mouth) "they are sociopaths"! That was classic Karen. I wished I had the ability to legally record the conversation. She also felt that "an act of God or a thunderbolt" was needed" to wake them up", but now is the time to talk to members, be kind and thoughtful. I wonder if this includes known or suspected NUHW supporters.

Just before the phone called ended there was an announcement that there were no more people waiting to ask questions which makes me wonder if the Zombies were screening callers, and how many other were on hold.

 * * *

Through out this phone call there was a sense of carefully controlled language, and not-so-subtle suggestions about what the members need to take back to their coworkers to convince them this circus, this spending spree, this near complete legal defeat was somehow a tremendous win for workers. No matter how you look at it this trial failed in all of it's objectives. Persist and march on reformers turned NUHW employees and supporters, you all continue to amaze me!

When great local unions go bad

(As per Perez Stern's direction in his Friday, March 26 entry here are the key terms in today's blog entry, and its supporting works: Huffington Post, BeyondChron, Sal Rosselli, John Borsos, Shirley Nelson, Carl Finamore, Andy Stern, SEIU, NUHW, UHW, Judge Alsup, $25 million in damages, lump sum payout pension, Alameda Hospital, Eliseo Medina, Mary Kay Henry, Tyrone Freeman and Leon Chow.) Now, on with the show (blog)!

* * *

If occurs to me that some of my readers may be outside of the healthcare/NUHW/SEIU realm of understanding and therefore only vaguely aware of SEIU's lawsuit against the 26 union reformers now the leadership of NUHW. So I found a couple of articles that give a good summary of the trial; one from NUHW supporter perspective and one that gives an outside looking in perspective. Both are well written and will sum up this crucial trial for union democracy.

First, NUHW member and caregiver at Kaiser Redwood City Hospital Shirley Nelson sounds off with this bit about the absurdity of the Zombies attacks and why they are really suing the vanguards of union democracy.

Second is Carl Finamore's article on BeyondChron. It explains what happens when international union leadership runs roughshod over the local union's elected leaders, to the dismay of the electing members.

About face, SEIU style (part 1)

It's ironic how a Sonoma homecare worker's mysterious switch to Zombie UHW foreshadowed the Zombie's about face. The switch is obvious and quite telling of the character of Karen Timmons a one time NUHW proponent turned Zombie drone. The first bit shown below is her op-ed piece (replete with spelling mistakes and junior-high quality writing) shown on Op Ed News. Spirited writing indeed but with a few factual mistakes which will be corrected. Below that is her about face with many opportunities for correction. The reversal is available at the West County Gazette Volume 6, Number 3, March 12 - April 16, 2009

It’s All About The Money: Greed and Fascism in the Service Employees International Union

March 6, 2009

By Karen Timmons

There’s a new kid in town and we are NUHW, National Union of Health Care Workers. And Andy Stern, Fuhrer of SEIU, is pissed. He came to the Warsaw Ghetto and is getting his ass kicked, deservedly so. When SEIU (Service Employees International Union) illegally took away the right of United Health Care Workers West (UHW) to vote on breaking away from SEIU, I became angry. Let’s call it righteous indignation. Contacting the ACLU about what I considered an infringement of my civil liberties I was told that I had none. I was told that once I belong to a union I’ve given away my rights as an individual. “Well,” I thought, “that means I’m chattel.” Doesn’t Andy Stern know that Lincoln freed the slaves? And what’s with the bean counter mentality of the ACLU? Last week Stern went to the NLRB (National Labor Relations Board) and said, “They can’t form a new union, they are members of SEIU UHW, and are my property.” Geez, I had a husband like that years ago and divorced him, and UHW did the same to Stern. So why were we UHW’s so upset that we need to desertify from SEIU and Stern? There are two reasons. First, we are a bottom up democratic organization: members vote on issues and elect officials. Stern’s organization is a top down organization: He gives the orders and they are carried out. Our executive board is elected, his is appointed by him. Second, Stern would have us all in one health care union whence he’d broker sweetheart deals with employers and reduce us to minimum wage, thereby creating a workforce of drones. Or in his words, “They are my property.”A domino effect would ensue and, piece by piece, workers in home health care, hospitals, and nursing homes, would be subjected to SEIU acting as our employer, not our representative. As of this writing 60,000 health care workers have desertified (legally petitioned Washington to leave) from SEIU. As of this writing SEIU as shrunk from 150,000 members in California alone to 90,000 and the numbers are growing. It is a movement of workers across the US saying, “Hell, no, we won’t go gently into the good night.” All of Denver, Colorado, Kaiser, has petitioned Washington to leave SEIU As of this writing, Andy Stern just lost a $30,000,000 yearly income from health care workers in California. And, if others go the route of Colorado. .  .well, you do the math. I am begging all those health care workers who live amongst us to sign the petition to desertify. Democracy requires education and action. Please sign before you wake up to the fact that you belong to Andy Stern with no bargaining rights and minimum wage.

Except for spelling mistakes (namely "desertify" and its conjugates) and some unsupported sentences this piece was a fairly well written summary of the hostile takeover of UHW. Even so, and for the benefit of the reader, I'd like to correct her statement. Since homecare workers are quasi-public employees we are in the jurisdiction of the California Public Employees Relations Board (PERB), not the National Labor Relations Board (NLRB), so petitioning an entity in Washington be it SEIU or NLRB, would have no effect. Karen if you are reading this (as you have before), please write to tell me how many of the iron-clad truths you've listed below you know from your own research and still believe to be true. Also, the next time the librarian let's you near a computer with a word processor pay attention to the red squiggly line beneath words. This line beneath a word means it is misspelled! You'd know this if you weren't using Notepad.

You'll notice the adolescent nature of her writing: mild profanity, threats of violence, etc. She was ripe for the picking by the Zombies when bargaining time came around. This bargaining team refused to share the details of the bargaining process with the rest of the homecare workers subject to the contract. This was in clear contrast to the way contracts have been bargained before UHW was hijacked.

A Win for Workers

By Karen Timmons

I was a member of the bargaining team for the new contract between our union (SEIU-UHW) which represents IHSS homecare workers and the Public Authority, the administrators of In Home Support Services. Well, from the beginning of bargaining in early August to the end September 29th, when the Supervisors accepted our contract, the experience could be called advance training in manipulation and skullduggery. Despite a campaign of misrepresentation and harassment that our members endured, hundreds of members came to vote throughout Sonoma County and approved our contract with 90% support. Our contract was up September 30th and without a legal contract we workers would have been open to 2 events: 1. the county could lower our wages because we would then not legally be protected by a contract; and 2. the .split off organization NUHW would have the right to an election to take over our union. For months this organization has called our members to tell them that they are the new union and in a new contract their wages would be reduced $2 an hour and they’d have no health care benefits. Many members, including myself for a short time, listened to their rhetoric and became confused as to who was telling the truth. They are cheerleaders for their leader, Sal Rosselli; I am not a cheerleader for Andy Stern, head of SEIU, or any other leader who doesn’t have term limits. In any large organization there is power, money, ego, and greed. Just look at any legislative body.

Our process was democratic. We surveyed members and asked what their top priorities were they wanted bargained for. The top priority was A Win for Workers keep our wages the same: $11.50/hr. Not much, but better than the $7/hr. we were paid before SEIU started UHW (Service Employees International Union/United Healthcare Workers) came here 9 years ago. We were supposed to be up to $15/hr. by now but Gray Davis messed up and Arnie has tried to destroy us completely since he got into office. We bargained and kept our wages in a 2-year contract and, if the economy improves next year, we can open negotiations for a raise. If Kaiser raises its rates, we will query our members to find out if they can afford the rate change. If not, we’ll find more acceptable health care. Of course, the Public Option would win hands down. Several NUHW (National United Health Care Workers—not national and not a union) members went to the County Supervisors the day after Labor Day and told them that our process of bargaining was not democratic and that our voting would not be democratic. They accused us of what they themselves were doing — lying. They asked the Supervisors to extend the time for accepting our contract until after September 30th. All was set for the Supervisors to approve our contract on September 29th when the same group of NUHW workers went to them that morning and again asked to not accept our contract. Fortunately, our County Supervisors did accept our contract.

It is a win win situation for IHSS and for us, the homecare workers. The State Legislature, pressured by Schwatznegger, cut 57% of IHSS funds (ouch) and we kept our wages.

When will the children, disabled, and elderly be put first and not last? We can only work toward this future.

Karen makes several good points. The first and most important was her claim to having an "advance training in manipulation and skullduggery". What she isn't saying is that she was part of the manipulation and skullduggery. Even more startling is her steadfast belief that without a contract the county can slash wages and benefits. This is completely false, the Zombies know it, and they use it everywhere they can especially in Fresno. I know this because it has already been settled by the NLRB.

Karen's is right in stating that hundreds of workers voted, not thousands as is usually the case. Karen used a classic bit of SEIU strategy: the half truth. What she failed to mention, possibly because she wasn't told by anyone in SEIU, was what the typical voter turn out was and how voting is usually done. Thousands vote via mail, instead of a couple hundred in person, with a misleading "consultation" before the vote. Why? Informed voters will vote no and force SEIU back to the bargaining table. Unfortunately this didn't happen and we now have the worst contract ever (3 different write ups...check them out)!

I can only speak for myself, but as for the threat of wage reduction and benefit elimination, why would NUHW use the same threats the Zombies are using against their own members?!

Karen speaks of "telling the truth", but I wonder if she took the time to verify on her own any of the Zombies claims? Not likely since a few of her statements are identical to those of her union dues financed "friends". Nothing released by NUHW contains a lie; whereas the Zombies rely on lies.

The democratic process she speaks of seems to reflect the closed group of Zombie-picked members who can be easily persuaded to do the unions bidding and will never question the motivations of their masters. I have yet to speak to a fellow homecare worker who was aware of the bargaining process much less was asked to be part of the bargaining team. The Zombies pick the members and then the members elect themselves as bargaining team members, stewards, e-board members, what ever gap needs filling with the pick of the litter when it comes to malleable minds.

At no time were we paid $7 an hour: It was $6.75 which was the state's new minimum wage and then $8.50 --  the wage bargained by Local 250, the predecessor to UHW.

"[I]f the economy improves next year, we can open negotiations for a raise." This statement is as optimistic as it is unrealistic. The economy won't pick up enough if at all by that time so to make this statement shows what kind of grip on reality Karen has. We aren't getting a raise, period. We'll be lucky to keep what we have but Section 7.2B (shown below) pretty much allows for a reduction in wages should the Public Authority run short on cash.

If, during the term of this Agreement, either State or Federal participation levels are reduced or, either the State or Federal sharing formula is modified in any manner, relative to the baseline numbers described below, that would result in an increased cost to the County and/or the Public Authority to maintain the wage level described in this MOU, wages will be reduced by an amount necessary to keep the total cost to the County and/or the Public Authority the same as such cost existed on the day prior to the effective date of such reduction or modification.

So there have it: if their costs go up our wages go down, period. The past practice of lobbying at the capital is pointless.

As for our benefits, members outside of the elite 8 bargaining team members were never allowed to see the proposed coverage from the potential replacement to Kaiser. When she called me to explain this to me she said any paperwork describing the couldn't be mailed to me since they didn't have enough time before a decision would be made. Thanks Karen and fellow Zombies for sitting on the information we asked for repeatedly.

Karne: who told you NUHW isn't a union? Perhaps it's time to consider why your Zombie overlords told you this.

The county supervisors knew they were getting a deal so of course they accepted it. Once they were made aware of the Zombies super secrecy and coercion, 3 of the 5 supervisors objected to the Zombie's heavy-handed tactics against it's own members --  including lying, they saw the SEIU for what it really is. Karen, what evidence of NUHW supporters lying do you have to defend your argument?

Finally Karen asks: "When will the children, disabled, and elderly be put first and not last?" I wonder when will she, and by extension the Zombies, put dues paying members, irrespective of union affiliation and the people we care for first?

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.

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?

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!

 

 

In case there is any doubt about Zombie UHW's plans for long term care workers?

In case you are wondering if the Zombies still plan to move long term care workers (homecare and nursing home) from crumbling UHW to the decrepit, these fine people (as seen at the 2009 UHW convention) can show you! It appears that the the UHW Zombies have distributed a few "souvenir" shirts perhaps to be used as conversation pieces among the soon-ish to be effected members.

As you may recall one of the main reasons for this disastrous trusteeship (scroll down to #4) was the decision by the SEIU to move 65,000 LTC (long term care) members out of UHW and into the scandal-plagued ULTCW --  the United Long Term Care Workers, formerly known as Local 6434, and before that Local 434B.  How scandal plagued? Well, when it comes to SEIU locals that deserve to be trusteed, ULTCW takes the cake for misuse of dues money, $9 an hour for most of it's members (that's 121,813!), and all around bad leadership. And what of their former leader you ask? He tired a brief stint as a sports agent and now has moved on to his own blog, the Blueprint for Justice, which if you search for comments no one has said a thing about his "blueprint".

UPDATE: I checked the blog on Thanksgiving morning, no comments anywhere or new entries since October 10.

Zombie UHW doesn't know what it's telling people half the time. I remember talking to SEIU liar Rebecca Malberg, who was here in California from Massachusetts for the battle in Fresno, on the steps of the State capital during the budget hearings. After putting on my dumb-homecare-worker mask I asked her what UHW was going to do with homecare workers when this pesky trusteeship and battle with NUHW was over. Would we be reassigned to ULTCW? She said that was absolutely not the case, and then went on to tell me that was exactly what UHW was going to do, all in the same breath!