Free Declaration in Support - District Court of California - California

Case 5:08-cv-00213-JF

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VINCENT A. HARRINGTON, JR., Bar No. 071119 BRUCE A. HARLAND, Bar No. 230477 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone 510.337.1001 Fax 510.337.1023 Attorneys for Petitioner SEIU, Local 715 UNITED STATES DISTRICT COURT

8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

SERVICE EMPLOYEES INTERNATIONAL ) ) UNION, LOCAL 715, ) ) Petitioner, ) ) v. ) ) STANFORD HOSPITAL & CLINICS and ) LUCILE PACKARD CHILDREN'S ) HOSPITAL, ) ) ) Respondents. ) )

No.

5:08-CV-00213-JF

DECLARATION OF BRUCE W. ("RUSTY") SMITH IN SUPPORT OF LOCAL 715'S MOTION TO COMPEL ARBITRATION Date: August 29, 2008 Time: 9:00 a.m. Judge: Hon. Jeremy Fogel Courtroom: 3, 5th Floor

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Declaration of Bruce W. ("Rusty") Smith In Support of SEIU, Local 715's Memorandum of Points and Authorities

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

I, Bruce W. ("Rusty") Smith, hereby declare as follows: 1. I am the Trustee for Service Employees International Union, Local 715 ("Local

715"), appointed by the International President of the Service Employees International Union ("SEIU") pursuant to his authority under the SEIU Constitution and Bylaws. I have served as the Trustee of Local 715 since June 8, 2007. As the Trustee of Local 715, I am responsible for all matters relating to the representation of the Local 715 members. I make this declaration upon my personal knowledge, and, if called as a witness, I could competently testify to the facts hereinafter stated. 2. At the time of the trusteeship, there were approximately 3,500 to 4,000 members of

Local 715. Local 715 still maintains a treasury, which I am responsible for administering. Local 715 continues to maintain a physical address in San Jose, sharing office space with three other labor organizations. 3. Prior to the imposition of the trusteeship, Local 715 represented both public sector

and private sector employees. Among the private sector employees that Local 715 represents employees at Stanford Hospital and Clinics and Lucile Packard Children's Hospital, Santa Clara University, and Stanford University. To this date, Local 715 continues to represent employees Stanford Hospital and Clinics and Lucile Packard Children's Hospital, Santa Clara University, and Stanford University. Local 715 also has current collective bargaining agreements with each of the private sector employers as well; the collective bargaining agreement between Local 715 and Stanford Hospitals and Clinics and Lucile Packard Children's Hospital is set to expire in November 2008. I am responsible for all matter related to representation of employees who are employed by these three private sector employers. Of the three private sector employers employing Local 715 members, only Stanford Hospital and Clinics and Lucile Packard Children's Hospital has refused to deal with Local 715, or has taken the position that Local 715 no longer exists. 4. On or about March 1, 2007, nearly all of the public sector employees who were

represented by Local 715 merged with five other Unions to create the Service Employees International Union, Local 521. -2Declaration of Bruce W. ("Rusty") Smith In Support of SEIU, Local 715's Memorandum of Points and Authorities

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

5.

Shortly after March 2007, Stanford Hospital and Clinics and Lucile Packard

Children's Hospital took the position that Local 715 no longer exists, although the hospitals continue to deal with Local 715 over various issues affecting the terms and conditions of employment. In addition, Stanford Hospital and Lucile Packard Children's Hospital refused to also recognize a servicing agreement between Local 715 and its servicing agent, SEIU, United Healthcare Workers ­ West ("UHW"). The servicing agreement provided that while Local 715 retained ultimate responsibility for the representation of employees, UHW would provide day to day service to employees regarding grievances and unfair labor practices. Local 715 also has a servicing agreement with SEIU, Local 1877, covering Local 715 members at Stanford University and Santa Clara University. Neither Stanford University nor Santa Clara University has refused to recognize the servicing agreements. A true and correct copy of the servicing agreement between Local 715 and UHW is attached as Exhibit A. 6. On June 4, 2007, Local 715 requested that SEIU place Local 715 into trusteeship

because Stanford Hospital and Lucile Packard Children's Hospital had taken the position that Local 715 no longer existed, and refused to recognize Local 715's servicing agreement. In addition, the shift of a large majority of Local 715's public sector members to Local 521, and the resources associated with those members, made it difficult for Local 715 to carry out is collective bargaining responsibilities for its remaining members. A true and correct copy of Exhibit B is a letter from Kristina M. Sermersheim to Andrew L. Stern, dated June 4, 2007. 7. On June 8, 2007, SEIU President Andrew L. Stern imposed an emergency

trusteeship upon Local 715, appointing me as the Trustee. A true and correct copy of the Order of Emergency Trusteeship Appointing A Trustee To Take Charge And Control of The Affairs of Service Employees International Union, Local 715, dated June 8, 2007, is attached a Exhibit C. 8. On or about June 18, 2007, I notified each of the private sector employers, including

Stanford Hospital and Lucile Packard Children's Hospital, that I had been appointed by President Stern as the Trustee of Local 715, and that all matters relating to the representation of Local 715 members employed by those employers under the Local 715 collective bargaining agreement would be handled under my direction. I also informed Stanford Hospital and Lucile Packard -3Declaration of Bruce W. ("Rusty") Smith In Support of SEIU, Local 715's Memorandum of Points and Authorities

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

Children's Hospital that the servicing agreement to which Local 715 was a party to with UHW would remain in full force. A true and correct copy of my June 18, 2008 letter and its attachment to Laurie Quintel, the Employee and Labor Relations Director of Stanford Hospital, is attached as Exhibit D. 9. Because the International President imposed an emergency trusteeship, the

International Union appointed a hearing officer to determine whether the emergency trusteeship was properly implemented and should be continued. The hearing took place on July 24, 2007. A notice of the hearing was provided to all Local 715 members and former officers. I testified at the hearing on July 24, 2007. 10. On or about August 13, 2007, the hearing officer issued at report and

recommendation, finding that the trusteeship was properly imposed and recommending that the trusteeship be "continued in order to assure Local 715's performance of its collective bargaining relationship." A true and correct copy of the hearing officer's Report and Recommendation to the International Executive Board, dated August 13, 2007, is attached as Exhibit E. 11. Since I have been the Trustee, there have been a number of arbitrations that Local

715 has participated in involving Stanford Hospital and Clinics and Lucile Packard Children's Hospital. At each arbitration, Local 715 has been represented by the law firm of Weinberg, Roger & Rosenfeld ("WRR"), the same law firm that represented Local 715 in arbitrations prior to the imposition of the trusteeship. As the Trustee, I generally receive copies of any correspondence related to the all aspects of the representation members between Local 715 and Stanford Hospital and Clinics and Lucile Packard Children's Hospital. 12. In 2007, Stanford Hospital and Clinics and Lucile Packard Children's Hospital

participated in an arbitration hearing with Local 715, regarding a grievance involving the termination of Joe Hayes. Local 715 filed a grievance on behalf Mr. Hayes protesting his termination. Stanford Hospital and Clinics and Lucile Packard Children's Hospital was represented by Laurence Arnold of Foley and Lardner. After the conclusion of the hearing, the parties submitted the matter and post-hearing briefs to Arbitrator David Nevins. Arbitrator Nevins issued a decision on or about October 2007 denying Local 715's grievance. Stanford Hospital and -4Declaration of Bruce W. ("Rusty") Smith In Support of SEIU, Local 715's Memorandum of Points and Authorities

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

Clinics and Lucile Packard Children's Hospital never challenged the existence and/or status of Local 715, nor did they challenge the fact that W. Daniel Boone of WRR represented the Union at the arbitration. 13. On or about October 3, 2007, Stanford Hospital and Clinics and Lucile Packard

Children's Hospital participated in an arbitration hearing with Local 715, regarding a grievance involving Barbara Witherspoon. Local 715 filed a grievance on behalf of Ms. Witherspoon protesting the hospitals failure to pay her the correct level of pay. Stanford Hospital and Clinics and Lucile Packard Children's Hospital was represented by Laurence Arnold of Foley and Lardner. After the conclusion of the hearing, the parties submitted the matter to Arbitrator Thomas Angelo, who issued a decision on or about December 2007 denying Local 715's grievance. Stanford Hospital and Clinics and Lucile Packard Children's Hospital never challenged the existence and/or status of Local 715, nor did they challenge the fact that Bruce A. Harland of WRR represented the Union at the arbitration. 14. On or about November 28, 2007, Stanford Hospital and Clinics and Lucile Packard

Children's Hospital participated in an arbitration hearing with Local 715, regarding a grievance involving Victor Acosta. Local 715 filed a grievance on behalf Mr. Acosta protesting his termination. At the hearing, Local 715 was represented by W. Daniel Boone of WRR, and Stanford Hospital and Clinics and Lucile Packard Children's Hospital was represented by Laurence Arnold of Foley and Lardner. The Arbitrator was Thomas Angelo. For the first time after the imposition of the trusteeship, the employer challenged the fact that Mr. Boone of WRR was representing Local 715. The employer refused to participate in the hearing, and the Arbitrator continued the hearing and issued a decision granting the Union's grievance. 15. On or about December 14, 2007, I confirmed in a letter to Laurie Quintel, the

Director of Employee and Labor Relations at Stanford Hospital and Clinics, that Local 715 had authorized, and continues to authorize, WRR to represent the Union in all aspects of the arbitration process. This included the selection of arbitrators, the selection of times, dates, and locations of arbitration hearings, and the advocacy and presentation of Union grievances at the arbitration hearings. I reconfirmed that only WRR had been authorized, by myself as the Trustee, to represent -5Declaration of Bruce W. ("Rusty") Smith In Support of SEIU, Local 715's Memorandum of Points and Authorities

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

Local 715 for all arbitrations and pending grievances. A true and correct copy of my letter, dated December 14, 2007, is attached as Exhibit F. 16. Since the Victor Acosta arbitration in November 2007, Stanford Hospital and

Clinics and Lucile Packard Children's Hospital has refused to select arbitrators or participate in any arbitration hearings, although they do participate in the grievance meetings with Local 715 Shop Stewards. There are about 25 Local 715 Shop Stewards. The hospitals have also participated in Labor Management Committee meetings, pursuant to the terms and conditions of the current collective bargaining agreement; the committees are comprised of equal members of Local 715 members and management officials. 17. Additionally, there have been a number of unfair labor practice charges filed by

Local 715 against Stanford Hospital and Clinics and Lucile Packard Children's Hospital, and, conversely, filed by Stanford Hospital and Clinics and Lucile Packard Children's Hospital against Local 715. 18. In preparation of a new collective bargaining agreement, Local 715 is in the process

of preparing for negotiations with Stanford Hospital and Clinics and Lucile Packard Children's Hospital. To this end, Local 715 members have participated in meetings to discuss bargaining proposals and the Union has been collecting bargaining surveys from members to gather information for proposals. I have notified the hospitals that Local 715 seeks to begin negotiations for a new, successor agreement. I have yet to receive a response. A true and correct copy of my letter, dated July 7, 2008, is attached at Exhibit G. 19. As of today's date, I have never received any communication from Stanford

Hospitals and Clinics and Lucile Packard Children's Hospital that it was withdrawing recognition of Local 715 as the representative of employees working under the collective bargaining agreement between Local 715 and the hospitals, or that the hospitals were no longer recognizing the National Labor Relations certification of Local 715 as the exclusive bargaining representative of such employees.

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I declare under penalty of perjury under the laws of the United States of America and the -6Declaration of Bruce W. ("Rusty") Smith In Support of SEIU, Local 715's Memorandum of Points and Authorities

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

State of California that the foregoing is true and correct. Executed this 18th day of July 2008 in San Jose, California. _______________________________________ /s/ BRUCE W. ("RUSTY") SMITH BRUCE W. ("RUSTY") SMITH

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-7Declaration of Bruce W. ("Rusty") Smith In Support of SEIU, Local 715's Memorandum of Points and Authorities

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