Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Standard view
Full view
of .
Look up keyword
Like this
0 of .
Results for:
No results containing your search query
P. 1
BNA: SEIU-UHW Members File Charges against SEIU's Dave Regan and Mary Kay Henry 5-16-12

BNA: SEIU-UHW Members File Charges against SEIU's Dave Regan and Mary Kay Henry 5-16-12

|Views: 3,643|Likes:
Published by tastysternburger
An article that appeared in BNA's Daily Labor Report on May 16, 2012 regarding disciplinary charges filed by SEIU-UHW members against Dave Regan and Mary Kay Henry for violating SEIU's constitution by conducting an illegal ratification vote and financial malpractice.
An article that appeared in BNA's Daily Labor Report on May 16, 2012 regarding disciplinary charges filed by SEIU-UHW members against Dave Regan and Mary Kay Henry for violating SEIU's constitution by conducting an illegal ratification vote and financial malpractice.

More info:

Published by: tastysternburger on May 18, 2012
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less





 Health Care Employees
UHW Members File Internal Charges OverRatification of Daughters of Charity Contract
mployees at three Daughters of Charity hospitalsin California, who are members of United Health-care Workers West, an affiliate of the Service Em-ployees International Union, May 15 filedinternalchargesagainst the presidents of the local and the inter-national union alleging they violated the union’s consti-tution by conducting an illegal ratification vote. A UHW spokesman, however, May 16 denied the al-legations.The UHW members, who work at Seton Medical Cen-ter in Daly City, St. Francis Medical Center in Lyn-nwood, and St. Louise Regional Hospital in Gilroy,charged that UHW President Dave Regan and SEIUPresident Mary Kay Henry have engaged in ‘‘conductcontrary to both the Local and International union Con-stitutions and bylaws, and in breach of their duties andresponsibilities as Presidents of the SEIU-UHW and theSEIU’’ regarding actions surrounding a recent three- year labor contract reached with the Daughters of Char-ity Health Systems covering nearly 2,600 employees insix California hospitals (85 DLR A-12, 5/2/12).The other hospitals covered by the contract are SetonCoastside in Moss Beach, St. Vincent Medical Center inLos Angeles, and O’Connor Hospital in San Jose. According to the charge, UHW officials last monthsigned a tentative agreement with the Daughters of Charity that ‘‘freezes our pension plan, forces us into a401(k) plan, cuts our health benefits, eliminates ourright to conduct sympathy strikes, and reduces manyother benefits and working conditions . . . . [T]he top of-ficials at SEIU and SEIU-UHW refused to give us a fairchance to evaluate, discuss, and vote on the tentativeagreement,’’ refusing to give members copies of the ten-tative agreement, and giving members only nine hoursadvance notice of the ratification meetings, the mem-bers charged.
Constitution Provides Three Days’ Notice of Meeting.
The charge alleges that Regan violated the UHW consti-tution by failing to provide affected members with threedays’ notice of ratification meetings, and failed to allowaffected members to review relevant tentative agree-ments regarding health care and pensions before forc-ing those members to vote on ratification. In addition,the members charged Regan violated the UHW consti-tution and breached his fiduciary duties to the local bysigning the contract when it had not been properly rati-fied.In a separate charge, the members also alleged thatRegan engaged in financial malpractice in an effort toget voter signatures to qualify two measures for the bal-lot for statewide elections in California in November.The members accused Henry of failing to stop theratification vote or extend the time for the vote after be-ing made aware by UHW members that the vote was be-ing held in violation of the UHW constitution and in amanner that disenfranchised many workers. According to the charge, UHW officials April 28 an-nounced they were accepting the employer’s last, best,and final contract offer. An email sent to membersabout 9:30 p.m. that evening informed members that aratification vote would be held beginning at 6 a.m. thefollowing morning. Ratification votes were held at allsix hospitals on Sunday and Monday, April 29-30, butbecause so little notice was given many workers wereunaware that the meetings were occurring, the mem-bers charged.The UHW members alleged that the ratification vote violated the local’s constitution, which provides thatemployees be given ‘‘sufficient notice’’ of contract rati-fication meetings, and such meetings ‘‘should be sched-uled as much in advance as possible. Affected membersshall be given at least three days notice of such meet-ing.’’‘‘By failing to provide affected members with any‘sufficient notice’ of ratification meetings, much less therequisite three days notification in advance of suchmeetings, Regan violated Article XIV, Section 7 of theSEIU-UHW Constitution and further, violated the rightsof DOCHS workers who were denied their right to ameaningful vote in determining their wages, hours and working conditions,’’ the members charged.The members pointed out that only 198 union mem-bers, out of 728, at Seton Medical Center cast ballots inthe ratification vote, yet a month earlier 570 workers voted in a National Labor Relations Board election.‘‘These two votes—separated by a handful of weeks—indicate how many union members were disenfran-chised by SEIU-UHW’s unconstitutional ratification vote,’’ the members asserted. While the voting still was under way April 30, em-ployees wrote to Regan and Henry expressing concernthat the ratification vote was being held in violation of  Article XIV, Sections 7, 2, and 4, of the UHW constitu-
MAY 16, 2012
Daily LaborReport
tion, which states, in part, that ‘‘collective bargaining isintended to involve members directly and actively in de-termining their wages, hours, and working conditions.’’In a letter to both presidents, employees asked Reganand Henry to stop and or set aside the rushed ratifica-tion vote and hold a new one. They wrote: ‘‘How can wemake an informed choice when we’re not even permit-ted to see the actual language that would define ourfamilies’ future health benefits and our pensions?’’The members charged that despite their concerns,Regan and Henry failed to stop the vote, failed to ex-tend the time for ratification, and failed to provide em-ployees with the actual language of the tentative agree-ments. They also charged that Regan and Henry ‘‘com-pletely failed to take any step whatsoever to allowaffected employees to be directly and actively involvedin ratifying their own contract.’’
UHW Spokesman Says NUHW Behind Charges.
SteveTrossman, a spokesman for UHW, told BNA May 16that the charges are a ‘‘hit piece on us’’ by the rival Na-tional Union of Healthcare Workers, alleging that thecharges were written by NUHW’s lawyer rather thanthe workers. He denied all the charges contending thatthe proper notice was given about the ratification votes within the rules of the bylaws.Contending that the charges are merely ‘‘harass-ment’’ by the rival union, Trossman said 87 percent of those members voting agreed to ratify the contract. Headded that almost half of the bargaining unit turned outto vote.Nonetheless, Trossman said the charges will be dealt with. There is a union ‘‘process to look at charges anddeal with them,’’ he said, and the union plans to ‘‘followour procedures’’ for when members file complaints.NUHW was created by former officials of UnitedHealthcare Workers after SEIU placed the local undertrusteeship (17 DLR A-17, 1/29/09). Within days, NUHWbegan filing petitions seeking elections in units repre-sented by UHW (20 DLR A-12, 2/3/09).
 Terms of Contract in Dispute.
In announcing the ratifi-cation of the contract, UHW said the contract provideda ‘‘free, family medical plan and phased costs for cur-rent employees on higher cost plans’’ as well as a ‘‘com-mitment for the hospital system to fully fund the cur-rent retirement liability, protecting the retirement ben-efits earned to date, and a new plan under whichemployees can receive up to 12 percent of their incomein a retirement fund going forward.’’ According to a summary of the tentative agreement, which was posted on the NUHW website, three of thehospitals will continue to offer a fully employer paidhealth maintenance organization with comparable ben-efits and copayments if employees participate in a‘‘wellness program.’’ Employees who decline to partici-pate in the wellness assessment will be required to pay20 percent of the total premium. The same is true of afourth hospital that currently has a fully employer-paidpoint of service plan.Employees, who previously were covered by a pointof service or preferred provider organization ‘‘buy-upplan,’’ also will be required to pay a higher percentageof the total premium than they previously paid, with aneven higher percentage for those employees who do notparticipate in the wellness assessment, according to thesummary. The percentages vary among the hospitals. According to the summary, the defined benefit pen-sion plan will be eliminated and replaced with a 401(k)plan, with all benefits accrued up to Jan. 1, 2013, fro-zen. In addition, the contract imposes two-tier retire-ment benefits, with new hires receiving a smaller em-ployer contribution rate. Current employees will receivecontributions ranging from 3 percent to 11 percent, de-pending on the number of years of service. Employeeshired after Jan. 1, 2013, will receive employer contribu-tions ranging from 3 percent to 7 percent.
Regan Charged With Financial Malpractice.
Meanwhile,the internal charges brought by the UHW members alsocharged Regan with financial malpractice alleging thathe spent $5.5 million of UHW members’ dues to gathersignatures from voters to qualify two ballot measuresfor the statewide elections in November. According to the UHW members, Regan told mem-bers and the public that the two measures—the ‘‘FairHealthcare Pricing Act of 2012’’ and the ‘‘Charity Care Act of 2012’’—would overhaul the state’s health caresystem and protect consumers. He ‘‘deliberately failedto inform UHW’s members that the measures containedhidden loopholes that exempted California’s two largesthospital corporations (Kaiser Permanente and DignityHealthcare) from the proposed laws,’’ the members al-leged.On May 2, Regan announced that he was abandoningthe measures, claiming that he took the action becauseof an agreement he negotiated with the California Hos-pital Association that included ‘‘unspecified commit-ments’’ from CHA, the members alleged. Regan, how-ever, failed to release a copy of the agreement to UHWmembers for them to review the commitments he se-cured, they contended.UHW and the California Hospital Association May 2announced they had reached a broad agreementthrough which the union agreed to drop two ballot mea-sures aimed at hospital charity care and billing prac-tices in exchange for help from the hospital associationto organize workers (86 DLR A-2, 5/3/12). According to the charges, by abandoning the two bal-lot initiatives, ‘‘the millions of dollars of SEIU-UHW’sfunds that had been dedicated to the effort have effec-tively been wasted. Brother Regan’s deceptive misrep-resentations to SEIU-UHW’s members and his misman-agement of SEIU-UHW’s resources resulted in the mis-appropriation of millions of dollars of union members’funds and resources.’’The members charged that Regan’s failure to releasethe agreement ‘‘supports a conclusion that he has mis-managed millions of dollars of SEIU-UHW’s resourcesand is simply employing the reported agreement as a
To request permission to reuse or share this document, please contact permissions@bna.com. In your request, be sure to include the following in-formation: (1) your name, company, mailing address, email and telephone number; (2) name of the document and/or a link to the document PDF; (3)reason for request (what you want to do with the document); and (4) the approximate number of copies to be made or URL address (if posting to awebsite).

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->