U.S. Rejects New Union's Effort To Oust SEIU
Professor William B. Gould IV is quoted in the San Francisco Chronicle in an article about a dispute between the Service Employees International Union and the National Union of Health Care Workers:
The ruling, filed last week, would seem to be a setback for the National Union of Healthcare Workers, launched this year by officials who were dismissed by the Service Employees International Union. Sal Rosselli, president of the new union, rejected that idea, saying many thousands of workers are saying they want to be rid of SEIU.
Thus far this year, 91,000 SEIU-represented health care workers have signed petitions filed at the labor board saying they would like to vote on whether to be represented by the new union, formed by dissident leaders of a 140,000-member SEIU local, based in Oakland, who clashed with SEIU President Andy Stern and his deputies.
William B. Gould IV, a Stanford University professor emeritus of law and chairman of the NLRB from 1994-1998, said Monday, "Anytime a union and an employer enter into a collective bargaining agreement it stands as a bar to any representation petition unless one of two things have happened: One is that the contract has expired. Another is that if the contract has not expired, the representation petition is timely and will be entertained by the board if filed 90 to 60 days prior to the expiration of the contract or 90 to 60 days prior to three years after the contract was entered into, whichever is shorter."