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SEIU Stern Gang's Resolution To Destroy SEIU UHW
Source labornet@labornet.org
Date 09/01/24/01:49

DECISION AND RESOLUTION OF THE
SEIU INTERNATIONAL EXECUTIVE BOARD

WHEREAS on August 25, 2008, the International President,
pursuant to his authority under Article VIII, Section 7 of the SEIU
Constitution, scheduled a hearing as to whether a trustee should be
appointed at United Healthcare Workers-West (“UHW-W”) and issued a
notice and subsequently amended notices of the reasons for such
hearing.
WHEREAS former U.S. Secretary of Labor Ray Marshall was
appointed to serve as hearing officer in this trusteeship hearing under
Article VIII, Section 7 (f) of the SEIU Constitution;
WHEREAS at six days of hearing, UHW-W was given the full right
to cross-examine witnesses called by the International President,
presented approximately twenty witnesses on its’ own behalf and was
permitted to present further evidence by post hearing declarations as well
as a lengthy brief and a reply brief;
WHEREAS the September 12, 2008 amended notice provided as
follows:
“Upon the conclusion of the hearing, the hearing officer will make a report
and recommendation to the International President orally or in writing on
the imposition of trusteeship. The International President shall take his
decision to the SEIU International Executive Board which will make the
ultimate determination on the trusteeship.”
WHEREAS on January 9, 2009 all of the hearing transcripts and
the briefs submitted by the International President and UHW-W were
made available to the members of the International Executive Board;
WHEREAS Secretary Marshall pursuant to Article VIII, Section 7
(f) has submitted a written report and recommendation dated January 21,
2009 to the International President;
WHEREAS the International President has provided the members
of the International Executive Board with copies of Secretary Marshall’s
written report and recommendation;
WHEREAS the International Executive Board has had the
opportunity to review Secretary Marshall’s written report and
recommendation and to debate the issues addressed by that document;
WHEREAS Secretary Marshall in his written report and
recommendation made the following findings:
“I find that the Leaders of the UHW did Engage in Financial
Malpractice and Undermined democratic Procedures when they
Transferred UHW Funds to a Nonprofit Organization to be Used
in Contests with the International Union.”
“I also find that UHW’s leaders wrongfully converted the
International Union Convention delegate database, and hid from
the International the movement of $500,000 to an attorney’s trust
account to fund contests with the International Union.”
“This Hearing and the IEB’s Jurisdiction Decisions were not
Initiated to Retaliate against the UHW for its Aggressive
Criticisms of International Leaders’ Policies and Strategies.”
“The [International President] had Reason to Believe that a
Trusteeship Hearing was Necessary to Protect the SEIU and
UHW Membership.”
“[N]o democratic labor organization can permit local unions to
nullify international decisions reached through the democratic
processes specified in their Constitution and Bylaws”
WHEREAS based on the above findings, Secretary Marshall made the
following recommendation:
“I therefore recommend that a trustee be appointed at UHW-W if that
organization fails to comply with the following conditions:
1. Within 5 days of receiving my report and the decision of the
International Executive Board, UHW-W must confirm in writing to the
International President and me that UHW-W will abide by the
International Executive Board’s decision on long-term care in
California, will fully cooperate with the implementation of that
decision and will not use any UHW-W resources to undermine or
interfere with the implementation of the decision.
2. Thereafter, UHW-W must continue to abide by the International
Executive Board’s decision on long-term care in California, fully
cooperate with the implementation of that decision and not use any
UHW-W resources to undermine and interfere with the
implementation of the decision.
3. Within one week of receiving my report and the decision of the
International Executive Board, UHW-W must mail to all of its
members, post on its website and bulletin boards a copy of my
report and the decision of the International Executive Board.
4. To the extent possible, UHW-W must purge its database to the
satisfaction of the International President of all of the names which
came from the International Union’s Convention database.
5. UHW-W must cooperate fully with the monitor appointed by the
International President to review in advance all expenditures of
UHW-W.
6. UHW-W must abide by the International Union Constitution and
Bylaws and all of the orders of the International President and the
International Executive Board rendered pursuant to the Constitution
and Bylaws.
If these conditions are not fully complied with, I recommend that a
trusteeship be imposed on UHW-W including an emergency trusteeship
if the International President deems that to be appropriate under the
circumstances. I further recommend that I retain jurisdiction over this
matter for 18 months to ensure that my recommendations are fully
carried out.”
NOW, THEREFORE, this 22nd day of January 2009, pursuant to the request
of the International President in the September 12 amended notice, and consistent
with the International Executive Board’s authority under Article XI, Section 6,
the
International Executive Board resolves and decides as follows:
1. Secretary Marshall’s report and recommendation are hereby adopted..
2. The International President shall take such steps as he deems appropriate
within the framework of Secretary Marshall’s report and recommendation to
ensure that UHW-W complies with the conditions stated in Secretary
Marshall’s report and recommendation. Specifically, pursuant to the
recommendation of Secretary Marshall, the International President is
authorized to impose a trusteeship upon UHW-W based upon Secretary
Marshall’s findings of financial malpractice and undermining of democratic
procedures in the event the International President concludes that UHW-W
has not fully complied with those conditions.
3. Nothing in this resolution shall in any way diminish or impinge upon the
International President’s ability to exercise the full range of his
constitutional authorities, including, without limitation, his authorities under
Article VIII, Section 7.

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