Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The Service Employees International Union, United Healthcare Workers-West (SEIU-UHW) is pressing federal officials to promptly schedule a vote in a representation election concerning workers at Kaiser Permanente. The National Union of Healthcare Workers (NUHW), the other union on the ballot, is fighting back to prevent the election from being held on an expedited basis.
In October 2010, SEIU-UHW defeated NUHW by a margin of 18,290 to 11,364 in the original Kaiser representation election. NUHW challenged the election results. In July 2011, an administrative law judge overturned the election results based on: (1) Kaiser’s decision to deny pay raises to some employees represented by NUHW in April 2010; and (2) SEIU-UHW’s alleged warning that other Kaiser workers could miss out on pay raises if they switched to NUHW. Rather than challenging the ALJ’s decision, SEIU-UHW filed a joint motion with Kaiser to reschedule the election.
On August 10, 2011, the NLRB issued an order granting the SEIU-UHW and Kaiser motion to schedule the election. The NLRB sent the case to Region 32, based in Oakland, California, and ordered the region to schedule and conduct the new election. Since then, SEIU-UHW has been aggressively lobbying Region 32 officials to schedule the election.
NUHW’s response to SEIU-UHW’s actions could thwart the latter’s goal of an expedited election. On August 18, 2011, NUHW filed new charges with the NLRB alleging that SEIU-UHW is illegally colluding with Kaiser to sway voters in favor of SEIU-UHW. The election is unlikely to proceed until those charges are resolved.
This dispute is the latest in the long-running feud between SEIU-UHW and NUHW. The battle over the Kaiser election has been especially contentious because it involves more than 44,000 employees, making it one of the largest private sector union elections in U.S. history. Kaiser has publicly maintained a neutral stance throughout the dispute between the unions.
In another development related to this ongoing union vs. union feud, a California judge has dismissed NUHW’s lawsuit against SEIU-UHW and its officers alleging threats, intimidation, and assault. In response to NUHW’s February 2011 lawsuit, SEIU filed an anti-SLAPP motion (Strategic Lawsuit Against Public Participation), arguing that the charges were an attempt to infringe upon SEIU's free speech. The judge agreed (NUHW Order.pdf), and SEIU has stated its intent to pursue attorneys fees. And the battle continues.