Facts
It's our right under federal law to choose which union we want to represent us. 29,527 Kaiser co-workers in the service and technical unit signed petitions to join NUHW, and submitted them to the National Labor Relations Board (NLRB), and they just finished voting on October 4. Now, almost 2,000 more of us in the MSW, IBHS, and Optical units will get our chance to vote beginning October 18. The NLRB, an arm of the federal government, will run a government-protected, secret-ballot election[external link] so that we can make this choice for ourselves.
All of our raises and benefits are protected by law[external link] when we vote to join NUHW. SEIU has threatened us that we'll lose our raises and benefits. And Kaiser management tried to see if they could get away with taking back a raise from professionals and RNs who joined NUHW in January. But the federal government has used its strongest enforcement power[external link] to protect our raises and benefits.
From United States District Court, Memorandum of Points and Authorities in Support of Petition for Temporary Injunction under Section 10(j) of the National Labor Relations Act:"...Respondents [Kaiser] violated 29 U.S.C. Section 158(a)(5)...by committing unlawful unilateral changes by withholding and/or cancelling scheduled annual across-the-board raises, tuition-reimbursement benefits, and union-steward training programs for employees represented by the Union [NUHW]."
It is settled law that employees have the right to change unions, and that the terms and conditions of their contract stay in place. You can call the National Labor Relations Board for yourself at 1-866-667-6572, and ask them about our rights under the "More Truck Lines"[external link] decision.
See the Documents:
The NLRB Court filing calling for a 10(j) injunction against Kaiser Permanente [Download and View Document][external link]- The More Truck Lines decision [Download and View Document][external link]
- Video describing how to access More Truck Lines Inc. at NLRB.gov [View Video on YouTube][external link]
- It's the Law [Download and View Document][external link]
- Aug. 27, 2010 Notice from the NLRB taking action that protects Kaiser workers' raises and benefits [Download and View Document][external link]
SEIU told us our benefits were safe. But they didn't tell us about the healthcare benefits takeaway committee[external link] they agreed to in our 2010 contract. The stated purpose of the Partnership health benefits committee[external link] is “researching, developing, and proposing specific and concrete options to control KP’s overall health care benefits costs.” SEIU agreed that the committee would be a “top priority for labor and management.” SEIU-UHW is now required to participate in the committee, and must make proposals by May 2011 which “must contain concrete options and plans that deliver cost-control results[external link]” and “must contain a detailed plan for advocacy to, and education of, our KP and Coalition constituencies regarding the consensus recommendations.” SEIU’s 2010 contract also allows Kaiser’s $242 million cut to our pensions[external link] to stand unchallenged, and doesn’t address staffing problems that mean we have to work harder for less. When we vote to join NUHW, we will bargain a contract between NUHW and Kaiser that addresses all of these concerns.
See the Documents:
- SEIU 2010 Healthcare Takeaway Committee Contract Page [Download and View Document][external link]
- SEIU 2009 Lump Sum Pension Reduction [View Kaiser Financial Report][external link] [Download and View Kaiser Coalition 2009 FAQ/Update][external link]
Balloting for the 44,000-member service and technical unit began on September 13 and concluded on October 4.
Our votes will be counted by the NLRB. To make sure your vote counts, carefully follow the voting instructions you receive with your ballot from the NLRB. Here's how to vote for NUHW.[external link]
For more than 20 years, the current leaders and staff of NUHW helped Kaiser workers negotiate the best healthcare contracts in California and win the strongest representation at work. When NUHW’s negotiators helped us bargain our 2005 contract[external link], we got bigger raises, expanded our benefits, and never accepted layoffs. Kaiser workers who have joined NUHW have already won big gains on their most important issues. RNs at Kaiser’s biggest Southern California hospital joined NUHW and won 171 new jobs. Right now, NUHW RNs and Pros are bargaining a strong contract with Kaiser, starting with what they had under SEIU, and based on a bargaining platform that NUHW members voted on. More than 5,600 healthcare workers at 15 healthcare facilities have voted to join NUHW, most by a landslide. Hear how they've improved their jobs with NUHW.[external link]
See the Documents:
- Kaiser 2005 Contract Summary [Download and View Document][external link]
- Signature Page SEIU-UHW 2005 Contract [Download and View Document][external link]
- NUHW RNs make progress on staffing [Visit Web Story][external link]
Kaiser employees formed NUHW so we could get our union back under our control, and stop SEIU from making side-deals with management outside our contract and behind our backs. Our local union at Kaiser was taken over last year by SEIU officials from Washington, D.C.[external link] They removed the Kaiser workers we elected to run the union, and removed hundreds of our union stewards, and took over our elected bargaining committee. After SEIU's Washington, D.C. officials took over, 29,527 of us at Kaiser signed petitions to form NUHW. We want a union that is accountable to us, where Kaiser co-workers vote on every important decision.
The officials in charge of SEIU-UHW were sent from Washington, D.C. to take over our local union last year. Instead of advocating only for the interests of Kaiser employees, they want to be partners with Kaiser management. Because we no longer have a voice of our own, many Kaiser co-workers feel our union is weaker, and managers doesn't respect us anymore. SEIU has made side-deals that give management ways to get around the protections in our contract. Kaiser cut our pension, eliminated more than 1,700 positions[external link], and turned good jobs into insecure “flex” positions[external link]—but instead of helping us, SEIU union reps just give us flyers and tell us we should vote for them. Voting NUHW will bring back the strong union we built ourselves, with a track record of winning and protecting high standards at Kaiser.
See the Documents:
- SEIU 2009 Layoff Agreement with Kaiser [Download and View Document][external link]
- SEIU 2009 Pharmacy Agreement [Download and View Document][external link]
- SEIU 2009 Lump Sum Pension Reduction [Download and View Document][external link]
- SEIU 2010 Healthcare Takeaway Committee Contract Page [Download and View Document][external link]
It is established law that workers keep the raises and benefits in their contract when they change unions. You don't have to take NUHW's word for it—ask the National Labor Relations Boardexternal link, the federal agency that is overseeing our union election. The NLRB has used its strongest enforcement powerexternal link to protect our raises and benefits.
While the government has consistently explained that our rights are protected, SEIU officials are talking out of both sides of their mouth.
They told Kaiser co-workers we were at risk—but in a 2009 union election between the SEIU and a union called EAA, SEIU told EAA members that the "current contract remains in place" and assured them they wouldn't lose benefits or negotiated raises when they voted to change unions. SEIU posted it on their own website.external link
See the Documents:
- The NLRB Court filing calling for a 10(j) injunction against Kaiser Permanente [Download and View Document]external link
- SEIU 721 Website, 2009 [Download and View Document]external link
- It's the Law, More Truck Lines decision leaflet [Download and View Document]external link




















