In March 2007 an election was held to decide if Good Samaritan Hospital workers would join the Service Employees International Union Local 399. Of the 400 ballots cast, the election came down to three votes. Shortly after, ballots were challenged and objections to the conduct affecting the results of the election were filed against the union. ¹

The petitioner of the election testified that he was harassed and physically threatened by an SEIU employee in front of other members. The petitioner also testified that the union attempted to bribe him with a union job, “purple scrubs,” and a keynote speaker position at a rally with the Reverend Jesse Jackson.

The NLRB’s Administrative Law Judge overseeing the case found that the objections of threats of physical violence and bribery were sustained. The Judge also concluded that the SEIU’s conduct interfered with the free choice of employees to decide and that the election results did not reflect the employee’s free choice. The judge recommended that the election be set aside and second election be conducted.

Prior to the second election the employer began determining dues refunds owed to unionized employees. However the union then also took it upon itself to calculate dues refund payments. Before the employer could determine accurate calculations on the refunds, the union sent dues refund checks to members less than 3 weeks before the election, which prompted another objection. ²

A second judge found that the union refunded dues to some employees that were in considerable excess of which they were entitled, in some instances three times the amount. The judge found that when the employees received the supersized dues refunds, a significant number would have realized they had received an unwarranted benefit which would interfere in their electoral choices.

In concluding the union affected the results of the election, the judge recommended that the board set aside the election results and a new election be held. On August 6, 2010, the NLRB adopted the judge’s findings and recommendations and concluded a new election should be held. ³

On numerous occasions, SEIU interfered with workers’ ability to exercise a free choice in an election. Threat, coercion and bribes seem to be standard operating procedure for SEIU.

² Supplemental Decision On Remand, Good Samaritan Hospital vs. Service Employees International Union, United Healthcare Workers – West, Local 399, Case # 31-RD-1555, 1/29/10

³ Weekly Summary of Cases, National Labor Relations Board, August 2-6, 2010