Court Throws Out Restraining Order Against SEIU

California Superior court dismisses illegal temporary restraining order filed
last week by California Nurses Association as publicity stunt

OAKLAND, Calif., April 22 /PRNewswire-USNewswire/ -- A California Superior
court today dismissed a temporary restraining order against the Service
Employees International Union (SEIU) and SEIU President Andy Stern filed last
week as a publicity stunt by the California Nurses Association (CNA). The
decision comes after the court had an opportunity to review video footage
submitted by SEIU yesterday of the incidents that CNA falsely claimed to be
"stalking," and on the heels of an anti-Strategic Lawsuit to Prevent Public
Participation motion, also filed yesterday by SEIU, against the CNA to prevent
CNA from further efforts to silence critics of its divisive tactics.
"For months, CNA leaders have made inaccurate and exaggerated claims
trying to cover up their own anti-union tactics in Ohio and other states. They
have produced doctored 'evidence,' they have made phony allegations and they
have cried wolf," said Andy Stern, SEIU International President. "Today's
court decision shows the public what the CNA is really about, but that's
little comfort for the thousands of Ohio nurses and hospital workers who saw
their dreams of forming a union destroyed by the CNA. It's time Rose Ann
DeMoro and the CNA wake up and apologize to the workers they hurt."
The Alameda County Superior Court ordered the temporary restraining order
be thrown out this afternoon after reviewing affidavits and other information-
including video footage showing what the CNA called "5 male staffers harassing
CNA Board members" was actually a 54 year-old registered nurse and a 61 year-
old respiratory therapist going door-to-door to try to speak to CNA leadership
(available online here). Information
submitted by SEIU showed SEIU members, staff, and workers employed by Catholic
Healthcare Partners were exercising their First Amendment rights in their
peaceful appeals to CNA leadership in California. The temporary restraining
order-obtained by the CNA on April 15 without any notice to SEIU-was found
unlawful under California labor code.
Since its "vote no" campaign at Catholic Healthcare Partners (CHP)
hospitals in Ohio sabotaged a three-year effort by nurses and hospital workers
to win a fair process to freely choose whether to form a union with SEIU, the
CNA has consistently spread untruths and misinformation in Ohio, California,
Nevada, and elsewhere. In particular, the California-based union has
inaccurately characterized efforts by CHP workers and supporters to engage
with CNA leadership over the union's anti-union tactics as "harassment."
"I'm a mom and a grandmom and I've spent my life caring for patients --
the last thing I thought anyone would ever call me is intimidating or scary,"
said Michaela Silver a respiratory therapist with Catholic Healthcare Partners
in Springfield, OH who spent a week door-knocking alongside one of her
coworkers to try to reach CNA board-members. "We just want the CNA's leaders
to explain what they did in Ohio and stop their union-busting."
On Monday, SEIU filed a motion against the CNA under California's Code of
Civil Procedure Sec. 425.16, a statute intended to prevent organizations from
using a Strategic Lawsuit to Prevent Public Participation or "SLAPP" suit to
suppress free speech from critics or opponents. Damages including attorney
fees and costs from SEIU having to vacate the improper restraining order are
expected.
"The CNA's injunction against SEIU was nothing short of a media stunt
meant to chill free speech by SEIU members and supporters," said Stephen
Berzon, a partner at Altshuler Berzon LLP, the San Francisco-based law firm
handling the case. "This kind of abuse of the law is exactly what California's
anti-SLAPP statute is intended to stop."
The CNA filing of the temporary restraining order last week is only the
latest tactic in the union's misinformation campaign. Last week, the CNA
posted widely an exaggerated and distorted depiction of a protest at an April
12 Labor Notes Conference in Dearborn, MI featuring photos and video of SEIU
members and staff injured by conference security as "evidence of violence by
protesters." Despite outcry from Rachael Holland, the SEIU organizer in the
images, the CNA has failed to admit its misrepresentation of actual events.
The CNA has even created a video featuring Rachael's photo as "evidence"
(available online here).
For more information visit www.ShameOnCNA.org.
SOURCE Service Employees International Union

Lynda Tran, Service Employees International Union, +1-202-907-1172