STATE OF CALIFORNIA PUBLIC EMPLOYMENT RELATIONS BOARD

NATIONAL UNION OF HEALTH CARE WORKERS, Charging Party, v. SEIU-UNITED HEALTHCARE WORKERS WEST, Respondent. Case No. SA-CO-78-M COMPLAINT

It having been charged by Charging Party that Respondent engaged in unfair practices
in violation of California Government Code section 3500 et seq., the General Counsel of the Public Employment Relations Board (PERB), pursuant to California Government Code sections 3509(b) and 3541.3(i) and California Code of Regulations, title 8, section 32640, issues this COMPLAINT on behalf ofPERB and ALLEGES:
1.

Charging Party is an employee organization within the meaning of Government

Code section 3501(a) . . 2. Respondent is an exclusive representative within the meaning of PERB Regulation

32016(b) of an appropriate unit of employees. 3. Between June 1,2009 and June 15,2009, the State Mediation and Conciliation

Service conducted a mail ballot decertification election between Charging Party and Respondent in a bargaining unit of in-home support service providers in Fresno County. 4. During the election campaign, Respondent's agents interfered with balloting by

approaching bargaining unit members at their homes, demanding that the bargaining unit member vote his or her secret ballot "on the spot" in the presence of Respondent's agent, and demanded that the bargaining unit member hand over to Respondent's agent the marked ballot,

or alternatively that the bargaining unit member proceed immediately to a postal facility to mail the ballot. When the bargaining unit member traveled to a postal facility, Respondent's agent followed. 5. During the election campaign, Respondent's agents engaged in physical and verbal

threats, and menacing and abusive behavior including: (l) kicking in a bargaining unit member's screen door to remove Charging Party's sign and replace it with Respondent's sign; (2) "shouting down" bargaining unit members; and (3) threatening to physically assault Charging Party's supporters in the presence of bargaining unit members. 6. During the election campaign, RespQndent's agents engaged in the unlawful

destruction and removal of voters' personal property including: (l) tearing down and defacing pro-Charging Party signs and literature on the private property of bargaining unit members; and (2) pointing and yelling at a bargaining unit member to take down a sticker in support of Charging Party. 7. During the election campaign, Respondent's agents engaged in campaign

misrepresentations by falsely telling bargaining unit members that, as a consequence of voting for Charging Party, they would: (l) lose their health insurance; (2) lose their place on the Kaiser Health Plan waiting list; (3) have their wages reduced to $8.00 an hour; and/or (4) lose their jobs entirely. 8. By the acts and conduct described in paragraphs 4, 5, 6 and 7, Respondent

interfered with elnployee rights guaranteed by the Meyers-Milias-Brown Act in violation of Government Code section 3506 and thus committed an unfair practice under Government Code section 3509(b) and PERB Regulation 32604(b).

2

Any amendment to the complaint shall be processed pursuant to California Code of Regulations, title 8, sections 32647 and 32648. DATED: August 20,2012

3