As local leaders discuss breaking affiliation, national AFT union alleges violations and seizes control
August 20, 2009 -- After seizing control of a local union representing 3,200 healthcare workers in early July, the American Federation of Teachers insists the takeover was warranted. But tensions still remain high among the deposed leaders and show no signs of abating.
The conflict arose after the Oregon Federation of Nurses and Health Professionals scheduled a membership meeting for July 7 to talk about disaffiliating from the national union. Their leadership felt that the union hadn’t helped them with contract negotiations, supported their legislative efforts on safe staffing and done enough to win over Legacy’s nurses. The local represents registered nurses and healthcare workers at Kaiser Permanente and Providence Milwaukie Hospital.
On the same morning the meeting was scheduled, 16 men affiliated with the AFT took over the local’s office -- with a protective order – seizing their computers and freezing their bank account.
AFT officials insist the local was violating its constitution by holding a membership meeting in July, had mismanaged its finances and created an atmosphere of distrust among its members.
“We had a fiduciary responsibility to come in,” said Mark Richard, a Florida labor lawyer, who became trustee of the local. ”Serious material misrepresentations were taking place.”
The July 7 meeting actually took place but was run by Richard who said the 400 people attending had no desire to disaffiliate. “They were angry about what was going on. We found the (the local’s) Power Point presentation – their game plan – the members were aghast.”
That’s not how Kathy Geroux, the deposed president, saw what happened that night. AFT not only chose the speakers but handed out flyers with allegations of misconduct. “The Power Point was for the membership meeting. We weren’t planting any nuclear bombs. We wanted to have a democratic meeting with our members. It’s called freedom of speech.”
Now a three-member board comprised of AFT’s national vice presidents expects to make a recommendation in September about how to restore local leadership.
Meanwhile, Randi Weingarten, AFT’s national president, told the local, “There are no charges or accusations that any union funds were misappropriated for personal gain by any of the suspended officers. Our initial review of the local’s books does not find any illegal activity, and the union’s finances overall appear to be in good order.”
Defending the takeover, Richard said AFT received a petition from seven “highly respected” members who complained about irregularities. That, coupled with the lack of communication between the local and its national president, Weingarten, led to the takeover. Weingarten had been told she was unwelcome in Portland by board members who didn’t respond to phone calls or registered letters. .
“We had asked to meet with the president and the board and were not allowed,” Richard said. “The protective order was our last resort. No one wanted to do it. But our belief is that at no point will we allow our members to get false materials. Otherwise we breach our fiduciary duty.”
Union Officials Speak Out
For several weeks prior to the July 7 meeting, Geroux said she’d been in contact with Weingarten, encouraging her to visit Portland. “Randi could have come out any day she wanted. It’s smoke and mirrors.”
The executive board had decided to leave AFT, Geroux said. Not only because of the lack of involvement in contract negotiation, but they also heard rumors about being traded to SEIU. Those rumors were later denied by Weingarten.
“It’s all about Randi’s reputation, her success,” said Geroux, adding that she never received a registered letter from AFT. “Randi’s worried about the domino effect. Public opinion is watching her. She doesn’t want us to go; it makes them look bad.”
AFT could easily have dealt with the uproar about disaffiliation by sending someone from Washington DC rather than seize control. “What they did was very underhanded. The local will never be the same. They jumped the gun; their action was way over the top.”
All because of a petition from seven people, Geroux said. “This is the most disrespectful undemocratic process that can happen to people. Now people believe we committed high crimes. Nothing could be further from the truth.”
“For years we had no support from AFT; they hadn’t been paying attention to us; we’re healthcare workers in a teacher’s union,” Geroux said. “People came to us and asked why not disaffiliate.”
Geroux had started to pursue another union movement by flying to Oakland where she met with the California Nurses Union which is joining a national movement involving 150,000 nurses.
Despite what Geroux says, the local remains intact, contends Richard. An advisory group led by Kathy Schmidt, who was president before Geroux’ took over, is drafting a survey on safe staffing issues, arranging the Labor Day picnic and dealing with grievances. Thus far, 106 members are participating.
Defending the action to take over the local, he said, “Members were purposely misled. We weren’t allowed to come; they wouldn’t return phone calls. Right now this group (the executive board) isn’t very popular among the rank and file. People are upset. We’re obligated to give the facts to their members, and make sure their democratic rights are protected.”
He also said AFT spent over $3 million on the Legacy campaign, and helped pay for an organizer. “In the end, the workers didn’t want a union.”
That’s not how the story went, according to Geroux. “AFT pulled the plug on Legacy’s nurses, leaving after telling the nurses they wouldn’t. They should be ashamed of themselves.”
Now after eight years as president, Geroux is eager to return to her career as a cardiac nurse. “I want to feel respected again, get my soul and my passion back. Everything I’ve accomplished has been negated. They’re tearing me apart – making accusations every day, constantly fanning the fire, kicking me to the curb. I’m not going to let this take my life. I’m going back to something I love – nursing.”
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