SEIU, UHW and the move to create a statewide home care union

UPDATE: UHW just issued a statement, apparently a few members of the executive board planned to raise objections to both the substance and timing of this vote, since there is an official meeting Jan 20-21st. Stern decided to do the vote electronically with the deadline of 2 pm tomorrow.  More when I hear it…

ORIGINAL POST: I know I have been quiet here as of late, but I couldn’t let this pass without speaking out and making sure it did not fade below our collective radar.

Today a special meeting of SEIU executive board is being called by teleconference. On the agenda is the potential creation of a statewide long-term care union, a new local.  SEIU International has established them in several other states and they want to do it here in California.  That is not their only motivation and probably not their biggest one.  The creation of this new union would gut UHW, by removing 65k members.  This appears to be the solution that the International has come up with for weakening UHW, after the charges they went after UHW with fell apart during the trusteeship hearings in the fall.

The SEIU/UHW dispute aside, a statewide local sounds like it could be a good idea, no?  Consolidate everyone who have the same type of job and build a new local.  It might end up being a new benefit to the workers, or it might not.  It depends on if the new local is a better advocate for the workers than the one they left.  They would be leaving the known for the unknown.

One would think that SEIU members should have the say over whether or not they want this to happen.  Well, there was an election, technically speaking.  It gave all of the SEIU health care workers in CA two different options for creating a statewide health care local.  There was no option for workers to keep their current representation, staff and elected leadership.  Both would end UHW as we know it, which appears to be why the International is pursuing this, despite the results of the “advisory” election.

Ballots representing 7.8% of eligible members were received, a horrible turnout.  Notice I didn’t say only 7.8% voted.  That’s because the rules were changed mid-election and members were encouraged to vote more than once.  UHW actively organized against the vote, and frankly organized circles around the International.

Perhaps just as important, union members presented the Election Officer with petitions protesting the election signed by 80,000 members.  These were accompanied by 40,000 formal letters of protest. UHW members presented these letters and petitions in sacks weighing hundreds of pounds. It was an astonishing outpouring of opposition, organized in less than one month.

It is fair to say that SEIU members are vehemently opposed to the creation of this new local based on the results of the election and the huge backlash against it.  However, the International is calling the election “a celebration of union democracy” and using it as justification during today’s board meeting.  They have not received a mandate to make this change and to pretend otherwise is disingenuous at best.

The International has the power to create this new local and that is just what they are going to do.  Stern would appoint the new leadership and staff would be found.  The members that would be forcibly moved would be under unelected leadership that could from from anywhere in the country.  They would be leaving, in at least the case of the UHW members, an incredibly strong, fast-growing union that has gained deep, far-reaching contracts that are in many cases considered the gold standard.  Through this fight with the International, UHW members have proven how dedicated they are to their leadership and staff and willing to do whatever it takes to defend it.

The result is that the path seems pretty clear.  Today the International will create the new statewide home care local.  UHW members will actively and strongly resist it.  That will create legitimate grounds for trusteeship, which the International would persue with pleasure.  The path is so clear that it seems like it is indeed the point.  This would gut UHW and end up with them trusteed.

Cal Winslow in the article I linked above and quoted goes into a longer deeper discussion of the larger fight between UHW and Stern/Internation.  We have covered this in some depth last year here at Calitics.  Generally speaking, the gutting of UHW would take away a strong ally here in California for the progressive movement.  They are organized, effective and tend to be more progressive when it comes to policy than Stern and those he appoints.  It is the difference between the Arnold health care plan that Stern flew in here to back and the Democrats’ legislation.

It is not my role as an outsider to tell SEIU how they should run themselves.  It is up to the members.  They clearly are not interested in what the International is attempting to force upon them.  That is the antithesis of a bottom-up people-powered union.  While I have great respect for a lot of the political work SEIU International has and continues to do nationally, this stinks for SEIU members in CA and for the larger progressive movement here.

This transcript from today’s Democracy Now! includes an interview with Sal Rosseli and the press release from the International on today’s events.  Here is the excerpt as it gives you a flavor of where both sides are coming from in their own words.

Sal Rosselli, I wanted to ask you very quickly-we just got a statement a few minutes ago within the show emailed to us from the Service Employees International Union. They say, “Today’s vote follows an exhaustive two-year participatory process including 13 days of hearings to determine how best to represent SEIU’s 240,000 long-term care members in California. In August, an outside hearing officer concluded that California’s long-term care workers would be better served if they were no longer divided among three local unions. Similarly, in June, the member delegates to SEIU’s quadrennial convention representing the union’s 2 million members overwhelming adopted a proposal that called for the creation of a single long term care workers’ union per state.

“The question facing the IEB today”-that’s the International Executive Board-“could not be more urgent. These are particularly challenging times for California workers. Governor Schwarzenegger has proposed dramatic across-the-board cuts in patient care and worker pay, including slashing the pay of many workers to a bare minimum wage, and long-term care members must to be organized to fight back.” They conclude, “The proposal being considered today would create the nation’s largest organization of long-term care workers, instantly making it a political and economic heavyweight in the nation’s most populous state.”

Sal Rosselli, your response?

SAL ROSSELLI: It’s disingenuous at best. You know, the hearings inside SEIU are kangaroo court type of operations. The bottom line is, workers need to be able to vote in a very democratic way about their future. And the workers in-the 150,000 workers in UHW in California have voted to stay united into one union.

It’s also hypocritical, because in every other state, including New York, long-term care workers are united with hospital workers. Enforcing a division of them in California, which is what Andy Stern is attempting to do, will delegate long-term care workers to permanent second-class citizenship. It’s the strength of hospital workers united with long-term care workers that’s fundamentally important to achieve quality patient care, achieve a real voice in staffing levels and achieve fair conditions for these workers.

My views are absolutely colored by watching the proceedings in the fall where SEIU was unable to prove that UHW did anything wrong and yet are doggedly continuing on a path to eliminate or vastly weaken UHW.  That said, I am interested in what others opinions are on the subject.  This is no cup of tea to talk about as two allies duke it out and good friends are on both sides.

Barbara Boxer vs. Arnold Schwarzenegger Latest Poll

Research 2000 for Daily Kos. 1/5-7. Likely voters. MoE +/- 4%

Boxer (D) 49

Schwarzenegger (R) 40

It isn’t likely that there are a pair of socks thick enough to warm Arnold’s cold feet and his 51% unfavorable is only likely to grow as he has joined the Republican legislators in stonewalling a budget. But, the fact that 31% of California Democrats have a favorable view shows how much work the CDP has not done. Hopefully, despite John Burton’s close friendship, the CDP will remedy that number.

As for Boxer, she is under 50% in a head-to-head, but the poll didn’t test her re-elect number. Her net favorable is only two points, which is also a concern. With only 2/3 of Democrats holding a favorable view, she needs to shore up her base. Her best age group is the under 30 crowd with a net +8, but she is nowhere near the range of the Barack Obama youth surge.

I would have also liked to have seen numbers on Steve Poizner and Meg Whitman as they are far more likely to be the nominee. What are you seeing in the numbers.

UPDATE by Dave: Actually, the huge mistake of this poll is not running numbers on the guy who’s going to actually be the Republican nominee, Chuck DeVore.  He just secured the endorsements of practically the entire GOP State Assembly and over half of the GOP partisan officeholders in the state.  And it’s January ’09.  There is no chance that Arnold Schwarzengger, loathed by his base, can beat DeVore in a closed primary.  None.  Ain’t gonna happen.  There’s only one head-to-head worth polling, and that’s Boxer/DeVore.  Poizner and Whitman are running for Governor.  The field is cleared.

Leon Panetta: Great Guy, But Not California’s Savior

One side effect of Leon Panetta’s nomination to head the CIA is a growing lament from some quarters about the impact on reform in California. Panetta was the co-chair and leading public voice of California Forward, a centrist group dominated by business interests (there are two labor people on the board) and promoting Broderist attempts to fix California’s problems that, by and large, avoided the core issues.

Joe Mathews of the excellent Blockbuster Democracy blog lamented that “losing Panetta is not good news. He can’t be easily replaced.” And as David Dayen mentioned this morning, in today’s LA Times George Skelton pours on the love:

Unfortunately, Panetta’s crusade as a reformer of California’s dysfunctional government had only just begun. And his departure will leave a large void very difficult to fill, if not impossible….

[California Forward]’s early and outspoken support for Prop. 11 was particularly important because Panetta is a Democrat. Most of the Democratic establishment opposed the reform, fighting to keep the party’s gerrymandering power in the California Legislature that it almost always controls.

As we tried to explain many times here, Prop 11 was a solution in search of a problem. Legislatively-drawn districts weren’t the reason for the state’s budget crisis, since most Californians have chosen to self-segregate by party. Nor does Prop 11 deal with the Republican extremism that is inherent to their movement. Funny how none of these “reformers” ever seem to call out Republicans who bear the primary responsibility for the budget crisis.

Panetta’s other proposals follow this model, and espouse a centrism that veers at times into neo-Hooverism, a bipartisanship that in practice means implementing a Republican agenda. It’s precisely the opposite of what California needs at this time. As Skelton described it back in June Panetta’s plans included:

* Requiring new or expanded programs — whether created by the Legislature or ballot initiative — to contain a specific funding source. That could be either new taxes or money gleaned from another program that is eliminated.

* Regularly examining spending programs to determine whether they should be revised, reduced or rubbed out.

Skelton also mentions California Forward’s support of open primaries, which courts have persistently ruled as unconstitutional and seem designed to weaken Democrats’ ability to block Republican shock doctrines, not provide better reforms for the state.

What California really needs is loosened term limits, an end to the 2/3rds rule, and new tax revenues that solve the structural revenue shortfall. The centrist reforms Panetta championed won’t get us where we need to go.

None of this is to say Leon Panetta is a bad guy – although I’ve not met him, I have known many people affiliated with his Panetta Institute of Public Policy at CSUMB who attest to his devotion to good government. I don’t doubt that he was genuinely trying to improve the state. But his proposals were wide of the mark and were designed to satisfy a centrist ideology, not to make this state work again.

I hope Panetta is a success at the CIA – god knows that place needs reform. But his departure from the California reform movement may not be a disaster. Instead it may enable more fundamental changes, that get at the true problems we face, to get a wider audience.

The Restart

The Governor is “restarting” budget talks today.  Of course, “restarting” should read “using the same failed process that cannot possibly be successful.”  The Governor vetoed the only game in town because he’s controlled by strings held by the Chamber of Commerce, who suddenly looked favorably on the virtues of bankrupting the state, and Arnold had to follow.  The SacBee ed board puts it more judiciously.

Democrats agreed to a 2 percent cut in welfare grants, and some, but not all, of the environmental exemptions. They also have insisted that the governor first negotiate with unions before attempting to furlough state employees and eliminate some paid holidays.

In an interview and op-ed in The Bee Tuesday, Senate President Pro Tem Darrell Steinberg suggested the deal blew up not because of policy differences, but because of political pressure placed on Schwarzenegger. Steinberg says the governor got “cold feet” over the Democrats’ plan to raise taxes and fees through a majority vote.

There may be some truth to this. On Tuesday, the California Chamber of Commerce issued a statement urging the governor to veto the Democrats’ plan, saying it included “unconstitutional and discriminatory tax increases.” Since the chamber is one of the governor’s few political allies, their stern opposition to increasing taxes by a simple majority vote may well have led Schwarzenegger to backpedal.

The ed board goes on to criticize Democratic leaders for not wanting to cut enough.  You know, I thought a mid-year budget deal was designed to fix the budget for the current fiscal year.  If we have two-year budget cycles now, it’s news to me.  I understand the logic of a two-year cycle, but the desire to fill an 18-month gap in January puzzles me and seems designed to further more draconian cuts.

And the continued ignoring of the elephant in the room and casting this as a failure of both sides to compromise is truly absurd.  There has been nothing but compromise coming from the Democrats, not just now but for years.  “Bipartisanship” has always meant “do whatever Republicans want” to the Very Serious Media.  George Skelton today is lamenting the loss of Leon Panetta, as if a guy telling lawmakers they should have more drinks together is the answer to every problem the state faces.

This isn’t rocket science.  Lawmakers aren’t allowed to do their jobs.  We elect a representative government along majority votes, and them load them down with rules that prevent majority rule.  It doesn’t take a genius – or even Leon Panetta! – to fix that.  Just an acknowledgement of the problem.

(Incidentally, a judge threw out the lawsuit from the Howard Jarvis crowd attempting to rule the work-around budget unconstitutional, since it was vetoed and therefore not germane.  If it comes to such a work-around again, however, expect more lawsuits.)

Then and Now: A Legacy of Republican Failures

Over at NBC News, they have a stark comparison of statistics from January 2001 to current stats.  Boy, did Bush mess up this country good! Unemployment rates are up, the surplus is gone, replaced by a massive deficit. And oh, yeah, nobody likes President Bush.

I thought to myself, why, I bet we could do this for Schwarzenegger too.  So, here are a few tidbits from November 2003, the date Arnold took over, to the most current stats I could find.

Unemployment:

Nov. 2003: 6.8%, or 1.196 mil. unemployed Californians

Nov. 2008: 8.4%, or 1.562 mil. unemployed Californians

Deficit:

Nov. 2003, with the Vehicle License Fee reinstated, $10.7 Billion

Now: $42 Billion

Arnold Schwarzenegger’s Approval Rating (Field)

Jan. 2004: 52%

Sep. 2008: 38%

Californians Disapproving of Arnold Schwarzenegger (Field)

Jan 2004: 27%

Sep. 2008: 52%

Heckuva job Arnie!

Oscar Grant Shooting Protests In Oakland

KTVU Channel 2 and other Bay Area stations have been showing video of, and the SF Chronicle are reporting about angry protests in Oakland over the horrific BART police shooting of unarmed man Oscar Grant on New Year’s Day:

A protest over the fatal shooting by a BART police officer of an unarmed man mushroomed into a violent confrontation tonight, as a faction of protesters smashed a police car and storefronts, set several cars on fire and blocked streets in downtown Oakland….

The protest started peacefully shortly after 3 p.m. at the Fruitvale Station in Oakland, where BART police Officer Johannes Mehserle shot 22-year-old Oscar Grant of Hayward to death early New Year’s Day. BART shut down the station well into the evening commute, although the demonstration there was peaceful.

However, shortly after nightfall, a group of roughly 200 protesters split off and head toward downtown Oakland, prompting the transit agency to close the Lake Merritt station.

Oakland Police Officer Michael Cardoza parked his car across the intersection of Eighth and Madison streets, to prevent traffic from flowing toward Broadway and into the protest. But he told The Chronicle that a group of 30 to 40 protesters quickly surrounded his car and started smashing it with bottles and rocks.

More at Daily Kos. It includes this YouTube video showing how Oaklanders have lost faith in the police – taunting arresting officers “why don’t you shoot him?” and “pigs go home.”

I’ve specifically tried to avoid calling this a “riot” and oversensationalizing this, because the protest’s turn shouldn’t take away from the real story here, which is the growing intensity of public outrage over the obviously unjustified shooting death of Oscar Grant at Fruitvale Station by BART officer Johannes Mehserle. Mehserle has refused to answer questions about the shooting, and BART police have apparently been VERY slow to get information.

The shooting death, and the public outcry, may well be predictable outcomes of three decades of militarizing the police, limiting and eroding fundamental Constitutional protections of individual rights, and a deliberate decision by many Americans to simply abandon cities like Oakland to their fate.

When police officers feel they can act with impunity, the public loses faith in their honesty and their ability to fairly offer justice. Police brutality and even murders have become all too commonplace in many American communities. And let us not forget that many of the practices of Guantanamo Bay were first tried out in American prisons.

Whatever happens in Oakland tonight, and in the coming days and weeks, it should hopefully become clear that America’s approach to policing needs to undergo a fundamental change. Of course, Oakland was the scene of a similar turning point 40 years ago with the rise of the Black Panthers. We will see whether this time the right choices are made.

Wednesday Open Thread

The rest of kind of a harrowing day for those of us using Soapblox:

• My favorite Meg Whitman profile of the week.  Money quote: “I’m not saying everything Meg Whitman touches turns to slave labor, I’m just not saying it doesn’t.”  I’ve taken the news about Whitman’s effort for public office in stride, because there’s just so much ammunition like this it’s not worth worrying about.

• Antonio Villaraigosa wants a faster timetable for the Subway to the Sea.  So do I, have you seen the traffic on the 10 lately?

• Two rematches kicked off today in the California Assembly.  Gary Jeandron will challenge Democrat Manuel Perez again in AD-80, and Democrat John Eisenhut will again take on Bill Berryhill in AD-26.  The latter is good news – Eisenhut can win that seat.

• A California company may get the workers at Republic Windows and Doors, which staged a sit-down strike late last year, back on the job.

• If you want to know more about today’s Soapblox disturbance, and support efforts to make sure it doesn’t happen again in the future, check out this post by Chris Bowers.

The Elephant in the Room

Earlier today Brian wrote about Bill Bagley’s take on the problems with California government – which were of the typical “oh gee why isn’t there more bipartisanship?” sort. Bagley offered some specific points, but his commentary is part of a familiar refrain in this state that assumes the Legislature, the parties, and ideologues are all to blame, regardless of party.

This is simply not true, and those promoting that line of argument are doing the public a disservice by misinforming Californians about what is really going on.

Democratic legislators cannot be credibly described as unflinching ideologues who refuse to cut a deal. This statement was sent by Speaker Karen Bass yesterday before Arnold announced his budget veto. See if you can find the inflexible hard-left ideology that makes compromise impossible:

Additional changes will include:

*Even greater authority to enter into so-called “public-private-partnerships” and “design-build” arrangements for state construction projects;

*More modifications to environmental laws to speed up road construction;

*A tax incentive to keep film production in California;

*A moratorium on home foreclosures;

*Some additional budget cuts and modifications to the revenue package so that the package contains more in expenditure reductions than new revenues.

In contrast to these compromise moves – many of which were bitter pills for Democrats to swallow – Republicans spent the day joining the Howard Jarvis Association in suing to block the Dems’ budget deal.

Bagley and those who embrace his “can’t we all just get along” arguments are letting Republicans off the hook for their obstructionist tactics. New Democratic assemblymembers such as Nancy Skinner and Bill Monning have tried to reach out to their Republican colleagues, wanting to build the rapport Bagley says is missing. They were rejected in those outreach efforts.

Why? Because today’s Republican Party is fundamentally different from that Bagley remembers, and not just because of structural reasons. Term limits plays a role in enabling Republicans to become more conservative, but that ideological shift away from the kind of Republicans who would cut a deal for the good of the state, like Pete Wilson, and toward ideologues like Mike Villines mirrors a national trend.

Since the early 1990s the Republican Party around the country has become dominated by the far right, especially financially. You can’t win a Republican primary unless you swear fealty to Grover Norquist and his anti-tax agenda. If a Republican votes for a tax increase they’ll get challenged in their next primary. You can’t wine, dine, or jawbone away that reality.

When Bill Bagley and other Californians argue that the problem is a lack of bipartisanship, they wind up hiding this reality from the public. The budget crisis would have been resolved long ago if Republicans were willing to negotiate in good faith. Every time we ignore that fact, we let them get away with it, since the public gets outraged at “the legislature” or “the bums in Sacramento” rather than at the people actually responsible – the Yacht Party.

Unfortunately the “let’s ignore Republican obstruction” movement continues apace. It led to Prop 11’s passage, an unnecessary “reform” that will do nothing to change that internal dynamic within the Republican Party.

The new holy grail is open primaries. The US Supreme Court threw out California’s earlier open primary, so the only way to achieve this is through a “top two” system. Which as Washington State discovered this year, merely produces two candidates from the same party for most legislative seats. That will do nothing to change the hard-right ideology within the Yacht Party.

Bill Bagley, Common Cause, the League of Women Voters, and other reform groups that mislead the public into thinking everyone’s at fault are merely letting the Republicans get away with the destruction of the state. If they really wanted better government, they would speak the truth – that California voters need to ask why a party that claims to follow Ronald Reagan won’t embrace a tax increase as the Gipper himself did in 1967.

Until we confront the Elephant in the room, California will continue to head toward a cliff.