Healthcare

The case for SEIU at Kaiser

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Editors note: In last week’s issue, we ran an op-ed piece by two hospital workers who are members of Service Employees International Union and want to change their affiliation to the new National Union of Healthcare Workers. SEIU asked for the right to respond, so we’re presenting the arguments of an SEIU worker who opposes the change.

OPINION I’m a licensed vocational nurse (LVN) at Kaiser Permanente Oakland, where I’ve worked for 26 years. As an LVN and a union shop steward, I have two passions: patients and workers.

I do home health visits. My patients are sick and sometimes feel anxious and upset. Those feelings can be overwhelming. When I walk into a patient’s house, that person has my full attention. Little things like that make people feel better and heal more quickly. That’s what’s important.

I also know that healthcare givers can’t provide good care if we don’t have the basic things we need. I worked for another hospital before, but I came to Kaiser because the benefits, wages, and working conditions were better — and the union was better.

Service Employees International Union-United Healthcare Workers West (SEIU-UHW), my union, is the largest at Kaiser and has represented workers here since the 1930s. It’s through our union that we’ve been able to make our jobs some of the best in California at one of the state’s largest employers. Kaiser workers are not just providing quality healthcare throughout the state, we’re also contributing to local our economies and getting our communities through these tough times.

I was one of 121 workers to be elected to the national bargaining team that negotiated our union contract, the largest committee ever in the history of our union. Members filled out surveys to set our priorities and we were able to win 9 percent raises over three years, no change in the cost of our fully-paid family healthcare, and some of the best job protection in the industry. I’m very proud that everyone’s voice was heard and that we had the largest ever rank-and-file member vote to approve our contract. But now all that could be lost.

On the heels of winning the contract, another union — the National Union of Healthcare Workers (NUHW) — filed a petition for an election to represent Kaiser workers. Now Kaiser workers will vote on which union they want: SEIU-UHW, the union we won this contact with, or NUHW, which hasn’t bargained a contract for anyone.

People want to know the truth, even if it’s a hard truth. Here’s the truth about NUHW: it was formed by former leaders of our union who were removed from office and have been found in federal court to have misused members’ money. NUHW was ordered by a federal judge to repay $1.57 million in damages to SEIU-UHW members. They then filed a motion to delay payment, saying it would potentially bankrupt the new union. But their motion was denied. Let’s face it — NUHW needs us more than we need them.

What’s going on right now with this union election is a shame. I see some of my coworkers getting afraid and angry — afraid that we could lose the wage increases and healthcare benefits we fought so hard for and angry that NUHW is coming after us like this and creating these distractions. I tell them what I tell my patients: just focus on healing and moving forward.

We have a long history at Kaiser of supporting each other as coworkers, which is why it’s so important that we resolve our differences and keep going. We’ve walked picket lines together, even when it’s to support workers in other hospitals, and have fought to improve the quality of care we deliver to patients. We’ve worked hard to create good jobs in this community while people around us are losing everything. All this has been possible because workers are united in our union SEIU-UHW. *

Earlene Person is a home health licensed vocational nurse at Kaiser Permanente Oakland and a member of the national bargaining committee for SEIU-UHW.

 

SEIU and the new McCarthyism

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OPINION More than 43,000 California health care employees are currently involved in the largest union election in private industry since the 1940s, a contentious campaign that pits officials of the Service Employees International Union (SEIU) against the National Union of Health Care Workers (NUHW). The outcome of the election may well determine the future of the labor movement for years to come.

The leaders of NUHW (the interim president is Sal Rosselli) are the same organizers who inspired and united us in achieving a historic victory: the five-year Kaiser Permanente contract of 2005-10. Health care workers all over the state depend on the benefits enumerated in that contract, including employment and income seniority, paid retirement, paid family health care, and employee participation in staffing and health care issues. The contract is still considered the national gold standard for hospitals.

A few years ago, our union, part of SEIU, was united and strong. The nurses, lab technicians, secretaries, operators, environmental service personnel, x-ray technologists — we were all proud to work together in a noble enterprise, fostering and saving human life. Today, SEIU is in disarray.

The decline began when Andy Stern took power in Washington. He established absentee rule of California. After he withdrew SEIU from the AFL-CIO (which prohibits union raids of other unions), Stern launched a series of raids on two sister unions, UNITE HERE and the Puerto Rican Teachers’ Union. The San Francisco Labor Council (along with the AFL-CIO) formally denounced the Stern raid on UNITE HERE. The raid cost our members millions of dollars. Stern then moved against our California locals, particularly United Healthcare Workers-West, led by Rosselli. Rosselli was the leading champion of democratic unionism in the state. In defiance of the wishes of our membership, Stern fired Rosselli.

The bitterness and hostility within our union today are a direct result of Stern’s mass purges. One hundred elected members of the executive board were removed by fiat. Hundreds of elected shop stewards were dismissed. Subsequently, 48 other stewards resigned in protest of the autocratic policies of the national office. The standard joke at California Kaiser worksites is, “Got a grievance? Call Washington!” Juan Gonzalez, the widely read columnist for the New York Daily News, called the Stern blitz “a stunning assault on democracy within his own union.”

SEIU represents a new kind of McCarthyism in the labor movement, a trend that threatens the unity of labor as a whole.

SEIU bully tactics to prevent workers from joining NUHW are so widespread, so well-documented, that Dolores Huerta, cofounder of the United Farm Workers, sent an open letter to SEIU President Mary Kay Henry, who succeeded Stern after he retired. Huerta complained that “every time workers met to talk about NUHW, SEIU staff surrounded them and began chanting and yelling insults, refusing to let workers talk.”

Even the homes of workers are not off limits. In Fresno, local TV stations (just Google “TV Coverage of SEIU Threats”) documented SEIU pressure tactics during house visits, after workers received their ballots in the mail.

The demise of our once great union has implications far beyond our locals in California. If California’s most successful, democratic labor organizers can be overthrown, If elected shop steward networks (shop stewards are the backbone of union democracy) can be dismantled by fiat, if Washington can establish absentee rule of locals from 3,000 miles away, no union is safe, and American democracy itself is diminished.

Jessica Garcia and Elaine Monney are rank-and-file members of SEIU.

Democrats divided

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Update:This online article contains a correction concerning the DCCC’s vote on Sup. Sean Elsbernd’s Muni pay guarantees (Prop. G). In the print version of this article, the Guardian reported that the DCCC had voted “to recommend a no vote” on Prop. G. This is incorrect. The DCCC voted “not to endorse” Prop. G. As Elsbernd points out, “This is a key distinction.”

Sarah@sfbg.com

With fewer than 10 weeks to go until a pivotal November election, the San Francisco Democratic County Central Committee (DCCC) approved a package of endorsements at its Aug. 11 meeting, giving the nod to mostly progressive candidates and rejecting Mayor Gavin Newsom’s most divisive ballot measures.

This crucial election could alter the balance of power on a Board of Supervisors that is currently dominated by progressives, and that new board would be seated just as it potentially gets the chance to appoint an interim mayor.

That’s what will happen if Newsom wins his race for lieutenant governor. The latest campaign finance reports show that Newsom has raised twice as much money as the Republican incumbent, former state Sen. Abel Maldonado. But the two candidates are still neck-and-neck in the polls.

Although the DCCC supports Newsom in the race, it is resisting his agenda for San Francisco, voting to oppose his polarizing sit-lie legislation (Prop. L), a hotel tax loophole closure (Prop. K) that would invalidate the hotel tax increase that labor unions placed on the ballot, and his hypocritical ban on local elected officials serving on the DCCC (Prop. H).

Shortly after the vote, the San Francisco Chronicle reported that Newsom called an emergency closed-door meeting with some of his downtown allies to discuss the upcoming election. “We just wanted to get on the same page on what’s going on locally, what’s going with the ballot initiatives, where people are on the candidates for supervisor,” Newsom told the newspaper.

DCCC Chair Aaron Peskin, who regularly battled with Newsom during his tenure as president of the Board of Supervisors, voted with the progressive bloc against Newsom’s three controversial measures. But he told us that he was glad to see the mayor finally engage in the local political process.

Sup. David Campos kicked off the DCCC meeting by rebuffing newly elected DCCC member Carole Migden’s unsuccessful attempt to rescind the body’s endorsement of Michael Nava for Superior Court Judge, part of a push by the legal community to rally behind Richard Ulmer and other sitting judges.

Things got even messier when the DCCC endorsed the candidates for supervisor. In District 2, the DCCC gave the nod to Janet Reilly, snubbing incumbent Sup. Michela Alioto-Pier, who is running now that Superior Court Judge Peter Busch has ruled that she is not termed out (a ruling on City Attorney Dennis Herrera’s appeal of Busch’s ruling is expected soon).

In District 6, where candidates include DCCC member Debra Walker, School Board President Jane Kim, Human Rights Commission Executive Director Theresa Sparks, neighborhood activist Jim Meko, and drag queen Glendon Hyde (a.k.a. Anna Conda), the club endorsed only Walker, denying Kim the second-place endorsement she was lobbying for.

But in District 8, where candidates include progressive DCCC member Rafael Mandelman, moderate DCCC member Scott Wiener, and moderate Rebecca Prozan, the politics got really squirrelly. As expected, Mandelman got the first-place nod with 18 votes: the progressive’s bare 17-vote majority on the 33-member body plus Assembly Member Leland Yee.

Yet because Yee supports Prozan and David Chiu, the Board of Supervisors president who was also part of the DCCC progressive slate, had offered less than his full support for Mandelman, a deal was cut to give Prozan a second-place endorsement.

That move caused some public and private grumbling from Jane Kim’s supporters, who noted that Kim is way more progressive than Prozan and said she should have been given the second-place slot in D6.

A proxy for John Avalos even tried to get the DCCC to give Walker and Kim a dual first-place endorsement, but Peskin ruled that such a move was not permitted by the group’s bylaws. Then DCCC members Eric Mar and Eric Quezada argued that Kim should get the club’s second-choice endorsement.

But Walker’s supporters argued that Kim only recently moved into the district and changed her party affiliation from the Green Party to the Democratic Party, and Kim’s supporters failed to find the 17 votes they needed.

“District 6 has an amazing wealth of candidates and I look forward to supporting many of them in future races,” Gabriel Haaland told his DCCC colleagues. “I will just not be supporting them tonight.”

Wiener told the group he would not seek its endorsement for anything below the top slot. “I’m running for first place and I intend to win,” Wiener said, shortly before Prozan secured the club’s second-choice endorsement.

In District 4, the DCCC endorsed incumbent Carmen Chu, who is running virtually unopposed. The DCCC also endorsed Bert Hill’s run for the BART Board of Directors, where he hopes to unseat James Fang, San Francisco’s only elected Republican.

The body had already decided to delay its school board endorsements until September and ended up pushing its District 10 supervisorial endorsement back until then as well because nobody had secured majority support.

“I think it’s because they want to give members of the DCCC a chance to learn more about some of the candidates,” District 10 candidate Dewitt Lacy told the Guardian. “I don’t think folks have spent enough time to make an informed decision.”

D10 candidate Chris Jackson agreed, adding, “The progressives in this race have brought our issues to the forefront.”

“I think it’s appropriate,” concurred D10 candidate Isaac Bowers. “D10 is a complicated district. It’s wise to wait and see how it settles out.”

The main thing that needs to be resolved is which candidate in the crowded field will emerge as the progressive alternative to Lynette Sweet, who has the support of downtown groups and mega-developer Lennar Corp.

After the meeting, Walker said different races require different political strategies. “I think it’s hard in the progressive community, where so many of us know each other and even our supporters know the other candidates and are their supporters in other scenarios,” Walker said.

“But the Democratic Party makes decisions not just based on politics,” she continued. “So the endorsement is about being viable and successfully involved in Democratic issues. And even though I want to encourage everyone to run, and we have that ability with ranked choice voting and public financing, when it comes to straight-on politics, the goal is winning.”

Walker said the vote on D8 reflected the reality that Mandelman was having trouble getting the necessary number of votes. “I know Rebecca and I know Rafael, and Rafael was my clear first choice,” Walker said.” Rafael asked me to consider voting for Rebecca—and I voted for her as my second choice.”

Walker predicts she’ll have union support behind her campaign, while Kim, who leads in fundraising, will have independent expenditure committees that will support her campaign.

“My consultant says it’s a $250,000 race, and unfortunately the viability is based on that reality, the funds, the money,” Walker observed.

On the fall ballot measures, the DCCC voted to recommend a no vote on Public Defender Jeff Adachi’s measure to make city employees pay more for the pension and healthcare costs (Prop. B), Sup. Sean Elsbernd’s Health Service Board Elections (Prop. F,) and Newsom’s three controversial measures. And they voted “no endorsement” on Elsbernd’s measure to remove from the charter Muni pay guarantees (Prop. G). 

But the DCCC did vote to endorse a local vehicle registration fee surcharge (Prop. AA), Newsom’s earthquake retrofit bond (Prop. A), Sup. Chris Daly’s proposed legislation to require mayoral appearances at board meetings (Prop. C), Chiu’s measure to allow noncitizen voting in school board elections (Prop. D), Sup. Ross Mirkarimi’s Election Day voter registration (Prop. E), former Newsom campaign manager Alex Tourk’s Saturday voting proposal (Prop. I) Labor’s hotel tax (Prop. J ), Mirkarimi’s foot patrols measure (Prop. M) and Avalos’ real estate transfer tax (Prop. N).

With just about everybody opposed to Adachi’s measure going after public employee unions, Walker observed that Adachi probably wishes he had done it differently now. But looking into the future, Walker sees opportunities for the party to come back together.

“There’s an opportunity to start a dialogue because everyone is hurting,” Walker said. “The more we don’t have a proactive solution, the more we get caught at the bottom.”

And in a feel-good vote for the frequently divided body, the DCCC also voted overwhelmingly to endorse the statewide initiative to legalize and tax marijuana (Prop. 19). Normally local party committees don’t take a position on state initiatives, but because the California Democratic Party took no position on Prop. 19, the DCCC had permission to weigh in.

As Peskin put it before the enthusiastic marijuana vote, “Raise your hands — high.”

What DCCC questionnaires reveal about Adachi reform, sit-lie and marijuana

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The DCCC makes its endorsements for the November election on August 11. And in preparation for that crucial endorsement, candidates filled out questionnaires that are posted online, providing fodder for those interested in Jeff Adachi’s pension reform, Mayor Gavin Newsom’s sit-lie ordinance, and the legalization of marijuana, amongst other measures.

But before we get to those issues, I have to admit I was a bit surprised to see that D. 10 candidate Malia Cohen, who has already secured the endorsements of Sally Lieber, Fiona Ma and Aaron Peskin, says on her DCCC questionnaire that she supports the death penalty.

Now, to be fair, advocating for or against the death penalty isn’t the duty of the Board of Supervisors. And I haven’t yet caught up with Cohen yet to clarify why she holds this stance, (or whether it was one big typo, though I somehow doubt it). So, I’ll be sure to update this post, once I have a chance to talk to Cohen, who was busy at yet another candidate forum, when I was writing this entry. UPDATE: Cohen says she does not support the death penalty, and that she inadvertently misanswered the question. (Thanks for clearing up the mystery, Malia, and being gracious about it in the process.)

I should mention that Peskin also endorsed D. 10 candidate Tony Kelly.

And I should also note that while D. 10 candidate Lynette Sweet’s questionnaire says she supports Jeff Adachi’s pension and healthcare reform, Sweet’s campaign says that’s not the case, pointing to how Sweet said at the Potrero Hill Democratic Club’s August 2 D. 10 forum that what Adachi did wasn’t a bad thing, but the way he went about it was.

I quoted Sweet saying those very words in a previous post, and Sweet’s campaign manager Shane Mayer told me that he forwarded what I wrote about that meeting to the DCCC to clarify Sweet’s position. But Mayer got testy when I asked him about the rent, or rather the lack of rent, that Sweet, who Mayor Gavin Newsom has already endorsed, appears to be paying for her campaign headquarters at 25 Division Street (at Rhode Island).

As Beyond Chron tells it, the deal looks more than a bit fishy, and appears to be bankrolled by the Visovichs, a family with Republican leanings that supported Mayors Willie Brown and Newsom in past election campaigns.

 Mayer tried to dismiss the Beyond Chron article as a “hit piece”.

“The article focuses on only one candidate,” Mayer said. “We’re paying fair market rate, and using only a small portion of a warehouse. When we moved in, we didn’t have lights.”

But Sweet isn’t the only D. 10 candidate to come under Beyond Chron’s fire in recent days: fellow D. 10 candidate Steve Moss also took flak for receiving $500 from Andrew Zacks, the landlord attorney famous for doing Ellis Act evictions.

While on the phone with Moss recently, I asked what he thought about Newsom’s sit-lie ordinance, Moss said he hadn’t made up his mind yet.

And in his DCCC questionnaire, Moss also waxes ambiguous on sit-lie. “There’s clearly a lack of civility in certain areas of the city,” Moss wrote. “And in Bayview-Hunters Point, youth loitering can create conditions that create violence. However, it’s not clear to me that sit-lie is an appropriate response to this issue, and that it won’t result in unintended consequences. For example, sidewalks in Bayview-Hunters Point are also often used for peaceful gathering of neighbors, which is community-building and non-threatening.”

Makes me wonder what Moss and the rest of the candidates think about City Attorney Dennis Herrera’s recent gang injunction in Viz Valley…

UPDATE: I should add here that termed-out D.6 Sup. Chris Daly has just endorsed legislative aide and D.6 candidate James Keys, whose DCCC answers I’ve included in my round up of some of the candidate responses to this year’s DCCC questionnaire. UPDATE: And for all the Glen “Anna Conda” Hyde supporters, my humble apologies for omitting your candidate’s positions in my first post on this issue:

Chiu’s non-citizen voting in School Board elections
Supportive of non-citizen voting:  Adachi, Sup. Michela Alioto-Pier and D. 2 challenger Janet Reilly, D. 6 candidates Glen “Anna Conda” Hyde, James Keys, Jane Kim, Jim Meko, Debra Walker and Theresa Sparks. D. 8 candidates Rafael Mandelman, Rebecca Prozan and Scott Wiener. D. 10 candidates Isaac Bowers, Cohen, Chris Jackson, Tony Kelly, Dewitt Lacy and Eric Smith.
Opposed: D.2 candidates Farrell and Berwick, D. 4 incumbent Carmen Chu, and D. 10 candidates Kristine Enea and Lynette Sweet.

Newsom’s ban on dual office holding

Supportive: Berwick, Farrell, Glen “Anna Conda” Hyde, Meko, Enea.

“Yes. Better distribution of power,” Anna Conda said.

Opposed: Adachi, Alioto-Pier, Reilly, Keys, Kim, Walker, Sparks, Mandelman, Sweet, Lacy, Kelly, Cohen, Wiener, Jackson, Smith and Prozan.
“This measure is the result of petty politics between the mayor and the Board,” Prozan, who contributed S100 to Newsom’s Lt. Governor campaign, famously wrote on her DCCC questionnaire.

Newsom’s Sit-Lie Ordinance
Supportive: Farrell, Alioto-Pier, Reilly, Chu, Sparks, Wiener and Sweet.
Opposed: Adachi, Berwick, Glen “Anna Conda” Hyde, Keys, Kim, and Walker. Mandelman and Prozan. Cohen, Jackson, Kelly, Lacy and Smith.

Adachi’s Pension Reform
Supportive: Adachi, Berwick, Meko, and Sweet
Opposed: Chu, Farrell and Reilly. Glen “Anna Conda” Hyde, Keys, Kim, Walker and Sparks. Mandelman, Prozan and Wiener. Cohen, Jackson, Kelly, Lacy and Smith.
No position, yet: Alioto-Pier.

Legalization of pot (Prop. 19)
Supportive: Adachi, Berwick. Glen “Anna Conda” Hyde, Keys, Kim, Meko, Sparks, and Walker. Mandelman, Prozan and Wiener. Cohen, Jackson, Kelly, Lacy, Smith and Sweet.
Opposed: Chu and Farrell

No position, yet: Alioto-Pier, Janet Reilly.

Hard to tell: Moss.

“I philosophically support this measure but am concerned that its economic and social implications haven’t been carefully considered, nor its interaction with federal law,” Moss wrote on his DCCC questionnaire.

Sparks for her part just clarified that she mistakenly answered “No” on two DCCC questionnaire items: “Do you opposeprivatization of essential government services,” and “Will you oppose anti-worker initiatives that seek to undermine the ability of union leaders to carry out will of members and engage in political activities.”

“I meant to answer yes, as I explained at my DCCC interview,” Sparks said. “I was confused by the double negatives.”

While she was on the phone, Sparks also admitted that the pace on the campaign trail is getting intense with forums and meetings every night.

“David Campos, who has been a good friend since we were both on the Police Commission, recently told me, ‘win or lose, you need to schedule a few weeks off in November when the election is over,’” Sparks said.

Campos is right. To all the candidates on the campaign trial, here’s wishing you lots of energy and calm in the weeks to come. And see you at the DCCC forum.

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Adachi’s pension reform and the D. 10 candidates

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As pretty much everyone knows by now, Jeff Adachi collected enough signatures to place a charter amendment on the November ballot that would reform the city’s retirement and health benefits plan. His amendment has become such a hot political topic that the Potrero Hill Democractic Club asked the 15 candidates who spoke at the club’s  August 2 and 3 District 10 forums what they thought of Adachi’s “smart reform.”

By my understanding of what the candidates said, four seemed unsure what the Adachi amendment would do, or were open to the idea, while the other eleven were opposed. But read for yourself what the D. 10 candidates said and decide where they stand on this issue:

Kristine Enea: “Certainly something needs to be done. I did sign [Adachi’s] petition. Adjusting for new employees has an inherent fairness. The path we are on is not sustainable.”

Nyese Joshua: (After admitting that she didn’t know much about Adachi’s amendment), “In terms of bringing it to the ballot, I agree.”

Lynette Sweet: “What Jeff Adachi did was not a bad thing, but the way he went about it was.”

Stephen Weber: “I don’t believe it was done right way, but I like the idea. The labor leaders are willing to sit down and discuss the pension plan. They just want to discuss it with the Board that is sitting there now.”

Eric Smith. “I love Jeff Adachi. And initially it looked great. But Beyond Chron [for which Smith sometimes writes] has an interesting story: When I read it, it says the measure goes after people’s health benefits. That’s troubling. I can’t really get behind this. We need to do reform from the bottom up, not from the top down.”

Malia Cohen: “Adachi’s a great public defender, but he’s taken an approach that’s disrespectful of public policy. Instead, he’s created a policy. I’m not in favor of it, if it unfairly taxes those at the bottom.”

Steve Moss: “The labor unions are rightfully furious. Pensions need reform. Things are out of whack. But this could lead to folks losing healthcare because they have to pay more to cover their dependants.”

Geoffrea Morris: “He had a point. The unions are very powerful in the city, he didn’t want to go through the red tape. Something needs to be done to reform healthcare and pensions.”

Isaac Bowers: “I thoroughly reviewed the San Francisco civil grand jury’s ‘Pension Tsunami’ report. I don’t think his initiative is the right way to go. I fear copayments for healthcare will throw people back on the city.”

Tony Kelly: “Great guy, stupid idea.”

Espanola Jackson: “You should talk to Adachi. Don’t shoot him down.”

Chris Jackson: “The measure is popular, it’s polling in the 60 percent range. But Adachi never talked to the nurses and the workers who make $35,000. And then there is the fact that this in an attack on healthcare. So a large percentage of the ‘savings’ is what workers will have to contribute. It’s a move away from supporting working class individuals.”

DeWitt Lacy: “We need pension reform. But no one likes change rammed down their throats without any negotation with, or input from, the workers. It addresses an important issue, but it’s too divisive.”

Diane Wesley Smith: “It’s ridiculous. Some reform has to happen, but this isn’t it.”

Marlene Tran: “Jeff Adachi took a lot of risks in this pro-labor town. He claims a $170 million savings. I would support it, because everyone should pay into the pension fund.”

Hidden health care costs of Adachi’s pension reform measure

New information about the health care costs associated with a pension reform measure backed by Public Defender Jeff Adachi suggests that the highest cost burden would fall to parents at the lowest end of the pay scale.

An analysis of the Adachi measure estimates that city employees with two or more dependents could face monthly healthcare cost increases of $220 a month, which would bring their total monthly contributions to $448, $765, or $1,630, depending on the health care plan. Dental care would bring those costs up an additional $82 per month.


Rael & Letson, an actuary firm hired to calculate premium contributions, completed the analysis on behalf of the Public Employees Committee of the San Francisco Labor Council. The city has not done a formal analysis of employee contribution increases to date.

Rael & Letson’s report estimates that for employees with a single dependent, the monthly employee contribution would go up an additional $240 under Kaiser, $352 under Blue Shield, and $419 under the city plan — bringing the total monthly contributions to $249, $473, and $1,098, respectively. Dental benefits would bring each of those costs up another $50 per month. That’s compared with current contribution levels of $8.84, $120, and $679 for employees in that category.

The analysis found that if approved, the policy change would result in “a relatively modest monthly out-of-pocket increase for Kaiser participants without dependents, but a significant shift in … costs paid by employees enrolled in other plans … especially those with employee + 1 dependent coverage. These increases could make covering dependents unaffordable for lower income employees.”
According to StateHealthFacts.org, a website run by the Kaiser Family Foundation, the average employee contribution to a family health insurance premium in the state of California amounted to about $290 per month in 2009.

Whether or not these proposed increases are manageable depends of course on an employee’s salary, whether or not they have assistance from a spouse or family members, and other personal circumstances. In the case of a single mother with two or more children at the lower end of the pay scale, the spike in health care costs could force some very difficult choices.

Meanwhile, an analysis of the pension reform measure written by the director of San Francisco’s Health Service System (HSS) at the request of the city’s Department of Elections suggests that the measure could jeopardize an estimated $23 million in federal funding that is expected to be awarded annually for the next four years under the new federal healthcare reform bill. HSS administers healthcare benefits to city employees.

A new program created under federal healthcare reform — the Early Retiree Reinsurance Program (ERRP) — is designed to ease employers’ financial burden of healthcare costs for retirees not eligible for Medicare. ERRP funds can be used reimburse 80 percent of claims between $15,000 and $90,000 for each retiree over 55 who isn’t eligible for Medicare. In San Francisco, this new federal subsidy amounts to an estimated $23 million annually over the next four years, which would be deposited into the city’s HSS trust fund and used to lower premium requirements.

The HSS memo warns that since Adachi’s measure proposes increasing employee healthcare contributions, “This proposed Charter amendment will therefore eliminate this anticipated subsidy of premium contributions not only for the City and County but also for City College and the Unified School District who are also employers within the San Francisco Health Service System.”

The memo also points out that just $53 million out of the $83 million in savings that the Adachi measure is expected to generate will go into the city’s General Fund, because more than a third of employees work for non-General Fund supported departments.

“If this Charter amendment becomes law, the balance of the contributions required to fully fund the HSS benefits will ultimately have to shift to the employees,” according to the HSS memo. “This Charter amendment does not address the underlying factors that will continue to drive increases in the cost of providing healthcare benefits.”

The recession has brought a recent spate of finger pointing at public-sector workers, and some might consider sharp healthcare cost increases to be a worthwhile tradeoff when it comes to the anticipated savings. Yet the decision to take more money out of the pockets of working people comes with its own set of consequences, which might be felt most acutely at the individual level but will also have a ripple effect on a broader economic scale.

Gabriel Haaland, an organizer with SEIU Local 1021, told the Guardian he believes that Adachi’s measure has been misrepresented as a pension-reform measure and ought to be discussed in the context of health care. “It’s a wolf in sheep’s clothing,” he said. Haaland added that he thought the sharp contribution increases would lead to more people opting out of healthcare benefits altogether, which could in turn place more of a strain on the city’s public healthcare system.

We contacted Adachi for comments, and we’ll be sure to post his response if and when we receive it.

Reinventing San Francisco

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By Christopher D. Cook, Karl Beitel, and Calvin Welch. 

OPINION It’s hard to trust hope these days — to imagine that our world, or even our city — could be different. But for the next 10 or 15 minutes, as you read this, we invite you to suspend the cynicism and disbelief that hang over contemporary life, and allow your mind to imagine that, yes, a different San Francisco is possible. Just for 15 minutes, although we hope this helps kick-start a much longer-term revival of hope and urban reimagining.

It’s time to create something new in San Francisco — a visionary movement for constructive change that’s bold and unapologetic. Imagine, for instance, if San Francisco became a national model for how cities can reinvest local profits (public and private) and assets to expand economic opportunity and social equity. Imagine if, instead of promoting a dispiriting and volatile blend of corporate development and Darwinian “free-market” anarchy, San Francisco transformed how American cities define success by creating concrete alternatives to the chaos of capitalism.

Now imagine that San Francisco had its own public bank — a fiscally solvent, interest-generating financial force (potentially a half-billion dollars strong) dedicated to public financing and economic stimulus, that functioned as a vigorous incubator for homegrown industries and sustainable, true-green job creation.

We are proposing no less than a reinvention of San Francisco — a dramatic shift in priorities, resources, politics, and culture that marries the very best in both creative innovation and urgently needed reforms to make our city socially equitable and sustainable, both ecologically and economically.

Toward this end, the Community Congress, Aug. 14-15 on the University of San Francisco campus, will stimulate ideas, discussion, and planning to reinvigorate civic engagement and inspiration and create a concrete, locally actionable agenda for reshaping the city. You’re invited. (Visit www.sfcommunitycongress.wordpress.com for more information.) The congress is a conversation starter and idea incubator — an opportunity to begin reimagining San Francisco as a socially equitable, racially inclusive, ecologically sustainable city that grows its own food, supplies its own energy, and is an affordable haven for working-class people, immigrants, artists, and creative folk of all stripes.

We humbly propose a city that embraces cosmopolitanism and international exchange while empowering its residents to achieve a decent and livable quality of urban life. We are not trying to turn back the clock; we are trying to create new forms of social and economic value that give people meaning and sustenance, and hope.

 

WHY A COMMUNITY CONGRESS—WHY NOW?

Couldn’t we save such sweeping aspirations for a rainy day? The sky isn’t falling yet, is it? Not quite, but the present constellation of crises San Francisco is ensnarled in — massive and rising structural deficits, a boom/bust economy that’s profoundly unstable and inequitable, deepening economic and social divides that destabilize communities, to name a few — is simply unsustainable.

San Francisco’s economic and fiscal crisis is not a passing moment. Rather, it signals long-term structural flaws in the city’s economic policies and planning. San Francisco has lost roughly 45,000 jobs since 2000, and each “recovery” is marked by steadily higher unemployment rates (currently resting at 9.2 percent). More critically, as jobs and wages have grown more precarious and housing prices have steadily risen (over the long term), thousands of San Franciscans have been displaced.

Any serious vision for change must incorporate race and class dynamics. Consider the economic evisceration of much of the city’s African American population, which has plummeted from 13.4 percent of the population in 1970 to just 6.5 percent today (more than 22,000 African Americans left the city between 1990 and 2008). The gutting of communities of color is intrinsically intertwined with issues of job and wage loss and soaring housing costs. This is particularly acute in the geographic and political dislocation of African Americans in San Francisco. Add to this picture intense overcrowding and poverty in Chinatown and in Latino and immigrant communities, and you get a set of inequities that are morally unacceptable and socially untenable.

Like other major American cities, San Francisco faces a crucial historical moment. Global warming and fast-dwindling oil supplies require a transformative shift in how we conceive (and implement) economic development far beyond the city’s current piecemeal approach to “green procurement.” The Peak Oil Preparedness Task Force, appointed by the Board of Supervisors in 2007, concluded that a full 86 percent of San Francisco’s energy use comes from fossil fuels, primarily petroleum and natural gas, and a small amount of coal. Given the world’s fading oil supplies and mounting climate chaos, this is simply unsustainable.

The specter of a looming energy and environmental crisis, combined with economic instability marked by persistently high unemployment, rising income inequality, systemically entrenched homelessness, consumer debt, and the deepening crisis of cutbacks to critically needed human services and affordable housing call for a radical shift in how society — and San Francisco’s economy — are run.

Transforming San Francisco into a truly sustainable city will mean dramatic shifts in what (and how) we produce and consume, and aggressive city policies that promote local renewable energy. Our economy — how our food, housing, transportation and other essential goods are made — will have to be rebuilt for a world without oil.

These and other limits mean we must redefine growth and profit—fast. Work and sustainability must become fully intertwined, and we must think creatively about how jobs can produce social and community value, instead of profits concentrated at the top.

Creating truly sustainable and equitable cities for the 21st century will also mean dramatic shifts in how we produce and consume. There is no better place to begin than here in San Francisco, long an incubator in progressive thinking and genuine grassroots action and innovation. In an earlier Community Congress in 1975, residents and groups from across San Francisco united in a movement of ideas and organizing that led to district supervisorial elections and successful campaigns to stem the tide of downtown corporate development, helping to democratize politics and economics in San Francisco.

The 2010 Community Congress is aimed at reinvigorating local movements for lasting change, both on the policy level and in the relationship between people and their government. We hope to inspire a spirited and creative shift in the city’s culture and politics — with concrete, politically actionable policies to democratize planning and development and a more sweeping transformation of our expectations — toward a far richer and deeper engagement of people and communities in their own governance.

 

A NEW FRAMEWORK FOR URBAN DEVELOPMENT

What would this City of Hope look like, and how would it work? Consider what we could accomplish with a municipal bank. The City and County of San Francisco currently has almost $2.6 billion in highly liquid reserves, about $500 million of which could be used to fund a Municipal Bank of San Francisco. Once established (and federally insured), the Municipal Bank could take additional deposits and use this to issue more loans. The bank could promote economically viable worker-run cooperatives that produce goods and services addressing community needs — be it day care, urban gardening, or ecologically sustainable light industry that creates meaningful employment for local residents. The bank could provide competitive small-interest loans to help stimulate small-business development — the key economic engine of the city. Currently, access to credit is one of the primary impediments to small business growth in San Francisco.

The city could also start a Municipal Development Corporation to produce goods and services that meet essential needs, boost local employment, and generate surpluses that would be available for local reinvestment. San Francisco could launch itself on the path to local energy self-reliance with funds from the Municipal Bank, together with revenue bonds—raising large pools of capital to finance large-scale alternative energy investments such as solar panels to generate energy for sale to local businesses and households.

The proceeds could help subsidize community-based development such as urban farming projects that could grow food for our public schools. The Municipal Development Corporation could explore other initiatives like large-scale medical marijuana cultivation and development of a commercial fiberoptic network. Other ideas can be developed; we need to engage our collective imagination to envision what can exist if there’s enough people power and political will.

By expanding access to credit, municipalizing a chunk of the city’s assets, establishing an economically viable municipal development enterprise, and democratizing city planning and development, San Francisco can enable long-disenfranchised communities to create sustainable and diversified development — instead of fighting over “jobs versus the environment” and other false choices and getting nowhere for decades.

It’s time for proactive, community-led economic development that addresses urgent needs, from local hiring and training, to creating a diverse base of neighborhood-serving businesses, to ecologically sustainable and healthful development and planning that is driven by communities and residents.

San Francisco’s job creation policies can be transformed to prioritize community needs over corporate profits by linking major development contracts to strict local hiring and training, community benefits agreements that invest in social goods like childcare and in-home health services, and ensuring dramatic increases in the city’s stock of affordable housing.

We need to build new forms of public participation in local government in ways that address people’s everyday needs. For instance, the congress will propose a new partnership between residents and Muni to make Muni work better, involving current riders and drivers in a new, more powerful role in how Muni lines function.

We need to find better ways to sustain a diverse population of working-class, people of color, artists, writers, musicians, and others. We need to make sure development isn’t just code for finding new ways to gentrify neighborhoods and displace existing residents.

Specific proposals will address how the city and community-based nonprofits deliver critical health and human services to our neediest residents. We propose making this an integrated part of the budget process, not a last-minute afterthought. Toward this end, the Community Congress will present actionable proposals to create innovative “resident/government” partnerships to improve local government responsiveness and efficiency.

 

RAISING—AND SPENDING—THE BENJAMINS

One of the keys to unlocking the city’s stagnating economy is progressive revenue generation and more democratic participation in budgeting. We must enlarge the public pie while reapportioning it in a way that stimulates job creation and shifts the tax burden onto the large businesses that reap vast private benefits from public goods and services. The city’s budget process must be dramatically reshaped and democratized. Communities need a seat at the fiscal table when the budget is being crafted — instead of lobbying tooth and nail at the end of the process just to retain funding that barely keeps programs afloat.

How can we build a participatory budgeting movement that brings residents and communities into the process? For instance, community budget councils composed of elected and appointed residents from every supervisorial district could assess neighborhood needs and incorporate them into drafting the budget. Whatever form this takes, the goal is to put the needs of residents at the forefront of how the city spends its resources.

The Community Congress can also help redefine fiscal responsibility. Taxing and spending must be accountable and transparent and respect the fact that this is the public’s money. Let’s be honest: much of what passes for government excess is due to management and executive bloat at the top, not salaries of frontline workers like bus drivers, social service providers, and hospital workers. True fiscal responsibility also means investing in prevention: education, healthcare, and services that help people build their lives.

 

RECLAIMING HOPE

It’s time to reclaim the public sector as the sphere of our shared interest. Rather than thinking in terms of the old paradigm that counterpoises “government” and “the market,” let us envision a new citizen movement to create a more participatory, democratic, and accountable system of self-government.

The San Francisco Community Congress is about bringing people together — community activists, those working in the trenches of our increasingly strained social services, our environmental visionaries, our artists, the urban gardeners and permaculturists, poets, bicycle enthusiasts, inventors … in short, assembling our pool of collective knowledge and wisdom, and yes, our differences — in a forum to discuss, debate, share concerns and viewpoints, and ultimately produce a working template that is both visionary and can be implemented.

The Community Congress will create a space for all of us to participate in defining our own vision of San Francisco. It is a first step toward reasserting popular control over economic development. It is an invitation to be visionary, rethinking in fundamental ways what it means to live in the 21st century city, and a forum for creating real, practical platforms and proposals that can be implemented using the powers of local government.

We want to propose a new vision of urban governance. Not more bureaucracy, more commissions, more departments, but the creation of new institutions that are democratically accountable and place new kinds of economic and political resources in the hands of ordinary citizens.

We don’t have any illusions. There are limits to what local government can do. Ultimately, deep change will require actions by higher levels of government. More profoundly, it will require a deeper change in citizen awareness, a rejection of life dominated by the pursuit of narrow self-interest, in favor of a more ecologically sustainable, socially just, and more democratic way of life.

But we can begin at the local level, here and now, to envision and implement the kind of changes that will need to take place if we want to insure that our city, our country, and our planet will be the kind of place we want our children to live. Please come. Bring your hopes, passions, and ideas. This is our collective project, our shared wisdom, our joint vision of the kind of city and society in which we want to live.

Christopher D. Cook is an author, journalist, and former Bay Guardian city editor (www.christopherdcook.com). Karl Beitel is a writer, scholar, and activist. Calvin Welch is the director of the San Francisco Information Clearinghouse and a long-time affordable housing advocate. This story was funded in part by www.spot.us

 

SF hospitality workers to protest Hyatt today

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San Francisco hospitality workers will join hotel employees in 14 other cities across the United States and Canada today, July 22, in a protest and civil disobedience demonstration against the Hyatt Corporation. The action in San Francisco begins at Local 2 Plaza, between 3rd and 4th streets on Market, at 4 p.m. The demonstration will eventually move toward Union Square and the Grand Hyatt San Francisco hotel, organizers said.

More than 1,000 protesters are expected in San Francisco, with approximately 150 prepared to be arrested, hospitality union Unite Here Local 2 spokeswoman Riddhi Mehta told the Guardian. Tens of thousands of hotel workers are anticipated to participate in protests across North America, and more than 1,000 plan to be arrested.

The union is demanding a contract with the Hyatt Corporation that does not unduly burden middle-class workers with health care costs, Mehta said.

“The Hyatt Corporation has repeatedly said they want workers to pay hundreds of dollars per month for family medical,” Mehta told the Guardian. “Workers have sacrificed wages for decades to keep health care, to the point that their average income is $30,000 to $35,000 per year.”

Union hospitality workers have been without a contract in the city for nearly a year, resulting in an organized boycott of eight San Francisco hotels, including the three owned by the Hyatt Corporation. Union leaders criticize Hyatt’s attempts to “lock workers into recession” while the corporation has made windfall profits since the company first offered public sale of stock last November, according to the Hotel Workers Rising website.

Deal time

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sarah@sfbg.com

Lennar Corp.’s massive redevelopment plan for Candlestick Point-Hunters Point cleared a critical hurdle July 14 when the Board of Supervisors voted 8-3 to affirm the Planning Commission’s certification of the project’s final environmental impact report, with Sups. John Avalos, Chris Daly, and Eric Mar opposed

Board President David Chiu called the vote "a milestone." Termed-out Sup. Sophie Maxwell, whose District 10 includes Candlestick Point and the former Hunters Point Naval Shipyard, saw the vote as evidence that city leaders support the ambitious plan. Yet many political observers saw the vote as proof that Lennar and its Labor Council allies have succeeded in lobbying supervisors not to support opponents of the project.

"I’m concentrating on pushing this over the finish line," Maxwell said at the hearing in the wake of the vote, which came in the wee hours of July 14 after a 10-hour hearing. Supervisors can still amend Lennar’s development plan during a July 27 hearing and project opponents are hoping for significant changes.

Mar said he wants to focus on guaranteeing that the city has the authority to hold Lennar responsible for its promises. "I want to make sure that we have the strongest enforcement we can," he said.

Lennar’s plan continues to face stiff opposition from the Sierra Club, the Golden Gate Audubon Society, the California Native Plant Society, San Francisco Tomorrow, POWER (People Organized To Win Employment Rights) and CARE (Californians for Renewable Energy).

Representatives for these groups, whose appeals of the EIR certification were denied by the board, say they are now weighing their options. Those include taking legal action within 30 days of the board’s second reading of and final action on the developer’s final redevelopment plan, which will be Aug. 3 at the earliest.

Supervisors are expected to introduce a slew of amendments July 27, when they consider the details of the proposal and its impacts on the economically depressed and environmentally polluted.

Michael Cohen, Mayor Gavin Newsom’s top economic advisor, admitted July 19 that all these various demands will likely delay project construction. "But 702 acres of waterfront land in San Francisco is an irreplaceable asset," Cohen reportedly told the San Francisco Chronicle. "It’s not a question of if — but when — it gets developed."

Chiu already has introduced five amendments to the plan in an effort to alleviate concerns about shipyard toxins, Lennar’s limited financial liability, a proposed bridge over Yosemite Slough, and the possibility that local residents will need more access to healthcare and training if they are to truly benefit from the development plan.

Sup. Ross Mirkarimi told the Guardian that he expects the board will require liquidated damages to ensure the city has some redress if the developer fails to deliver on a historic community benefits agreement that labor groups signed when Lennar was trying to shore up community support for Proposition G, the conceptual project plan voters approved in June 2008.

Mirkarimi said the board would also seek to increase workforce development benefits. "Thirty percent of the target workforce population are ex offenders. So while they might get training, currently they won’t get jobs other than construction," Mirkarimi observed.

He supports the health care access amendment and the public power amendment Chiu introduced July 21, pointing to Mirkarimi’s previous ordinance laying the groundwork for public power in the area. "This ordinance established that where feasible, the City shall be the electricity provider for new City developments, including military bases and development projects," Mirkarimi said. "PG&E was ripped when we pushed that through."

But Sierra Club activist Arthur Feinstein isn’t sure if additional amendments will help, given intense lobbying by city officials and a developer intent on winning project approvals this summer before a new board and mayor are elected this fall.

"Chiu’s amendments gave us what we asked for over Parcel E-2" Feinstein said, referring to a severely contaminated section of the shipyard for which Chiu wants an amendment calling for a board hearing on whether it’s clean enough to be accepted by the city and developed on.

But Feinstein is less than happy with Chiu’s Yosemite Slough amendment, which would limit a proposed bridge over it to a width of 41 feet and only allow bike, pedestrian, and transit use unless the 49ers elect to build a new stadium on the shipyard. In that case, the project would include a wider bridge to accommodate game-day traffic.

"The average lane size is 14 feet, so that’s a three-lane bridge. So it’s still pretty big. And it would end up filling almost an acre of the bay," Feinstein said.

Feinstein thanked Mirkarimi and Campos for asking questions that showed that the argument for the bridge has not been made. "But it’s disappointing that a progressive Board would be willing to fill the Bay for no reason," Feinstein said.

He concurred with the testimony of Louisiana-based environmental scientist Wilma Subra and environmental and human rights activist Monique Harden, who challenged the wisdom of the Navy digging out toxins while the developer installs infrastructure at the same site.

Subra said contamination is often found at Superfund sites after they have been declared clean when contractors to later dig into capped sites and expose workers and the community to contamination. Harden said the plan to begin construction on some shipyard parcels while the Navy removes radiological-contamination from shipyard sewers is "like a person jumping up and down on a bed that another person is trying to make."

But Cohen, who has aggressively pushed the project on Newsom’s behalf, countered that there is no scientific evidence to support such concerns. "It’s a very common situation," Cohen said. "It’s the basis for shipyard artists and the police being on the site for many years … It’s safe based on an extraordinary amount of data."

But Feinstein pointed to his experience working for the Golden Gate Audubon Society at the former Alameda Naval Station. He recalls how a remediation study was completed, but then an oil spill occurred at the site, which had been designated as a wildlife refuge.

"The military didn’t know about everything that happened and was stored on site, and it’s easy to miss a hot spot," he said. "And who’ll be monitoring when all these homes are built with deeds that restrict the renters and owners from digging in their backyards?"

Feinstein said he’s concerned that only Campos seemed to be asking questions and making specific requests for information around the proposed project’s financing

"Lennar is paying city staff and consultants and promising labor huge numbers of jobs. When you are throwing that much money around, it’s hard for people to resist — and the city has been co-opted," Feinstein said. "And how much analysis and resistance can you expect from city commissions when the Mayor’s Office is the driving force behind the project? So we don’t have a stringent review. The weakness of the strategy of ignoring our bridge concerns is that when we sue, we may raise a whole bunch of issues."

Arc Ecology director Saul Bloom says Chiu’s bridge proposal "screwed up the dialogue. We were close to a deal," Bloom claims. "But while that amendment allowed one board member to showboat, it prevented the problem from being solved."

Bloom is concerned that under the financing deal, the project won’t make any money for at least 15 years and will be vulnerable to penalties and bumps in the market — an equation that could lead the developer to build only market rate housing at the site.

"It’s a problematic analysis at best," he said.

"The bigger the development, the more it benefits people who have the capacity to address it — and that’s not the community," Bloom said. "So there’ll be more discussion of the bridge, and that’s where the horse-trading is going to be."

He also said the bridge has now taken on a symbolic value. "The thing about the bridge is that it’s not actually about the bridge any more," Bloom added. "It’s about Lennar telling people, ‘You will support us.’ If they get the bridge, it will give them free rein, an unencumbered capacity to do as they see fit. They are willing to make deals, but they have to have the bridge because it defeats the people who have been the most credible and visible — and then they have no opposition."

Get rid of the water bond, now

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OPINION A Field Poll released last week showed decent support among progressives for Proposition 18, the $11 billion water bond on the November ballot. We shouldn’t let the bond’s cheery name fool us. Prop. 18 is a con job.

Sold as the Safe, Clean, and Reliable Drinking Water Act, Prop. 18 has been getting a lot of press recently for the “pork” that was added to it to gain votes when it went before the Legislature last November. But for progressives, the real concern isn’t the pork; it’s the other meat in the bond. Prop. 18 would maintain a status quo that’s bad for our budget and water supply.

With polls showing lagging support for the bond, Gov. Schwarzenegger asked the Legislature to delay the measure until 2012. Bay Area residents have nothing to gain from the measure — this year or in two years. We need our legislators to fight for the bond’s termination, now.

Prop. 18 provides a $2 billion downpayment for a peripheral canal to send more water from the Sacramento Delta to deep-pocketed interests to the south. In 1982, Northern Californians overwhelmingly rejected the peripheral canal; we should do the same with the bond. The Westlands Water District, Beverly Hills billionaire-owned Paramount Farms and other megafarms stand to gain immensely from any additional water these projects might bring. The Bay Area does not.

Worse, some of these landholders skip farming altogether in order to resell the water we’ve subsidized at a huge profit to real estate developers. They pay about $25 to $50 per acre-foot of water, but can easily resell the water for over $200 per acre-foot. Corporate giant Cargill is looking to buy water from landowners in Kern County to supply its proposed 12,000-unit housing development on bay salt marshes in Redwood City.

The meat of Prop. 18 is $3 billion for the construction of more dams, an expensive and inefficient way to manage water. California’s rivers already have hundreds of dams. The water that evaporates from them each year is enough to supply 4 million people.

With interest, Prop. 18 would add $24 billion in debt to the state’s General Fund — roughly $16 million a week for 30 years. Already facing a $19 billion deficit, California has made drastic cuts to vital public services like education, housing, and healthcare — and this bond will make things worse.

Although there is some money in the bond for projects that could actually benefit us, it’s too little, too late. And the state still has $7 billion available from past water bonds that has not been spent. When the Legislature passed a bill in 2009 to invest that money in regional water projects, the governor vetoed the bill. The same will likely be true here. And even if we do see that money someday, will the trade-offs be worth it?

There is no question that California needs to invest billions in rebuilding and upgrading our vital water infrastructure. Here in the Bay Area, we are already spending billions on rebuilding our sewer and drinking water systems. Unfortunately, the bond provides only a trickle of money for such important investments or to boost conservation and efficiency in the urban and agricultural sectors. It’s no wonder that the Sierra Club, Food & Water Watch, San Francisco Baykeeper, Clean Water Action, the California Teachers Association, and United Farm Workers all oppose the bond.

Fortunately, state Sens. Mark Leno, Leland Yee, and Ellen Corbett and Assembly Members Tom Ammiano, Loni Hancock, and Nancy Skinner all voted against placing this bond on the ballot. We now need them to step up and urge their colleagues not just to delay but to repeal this bond, now. *

Elanor Starmer is the western region director for the consumer advocacy nonprofit Food and Water Watch (www.foodandwaterwatch.org).

Board votes on Candlestick-Shipyard project EIR appeal today

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All images by Luke Thomas

The Chronicle’s suggestion that the city’s massive Candlestick-shipyard project may be facing smoother sailing seems like wishful thinking to those who attended a July 12 noontime rally that was organized by POWER (People Organized to Win Employment Rights) and featured two Louisiana-based advocates who protested the project’s EIR and shared many of the longstanding concerns about project cleanup, infrastructure and financing.

The Chronicle was of course referring to five amendments to the city’s massive redevelopment proposal that Board President David Chiu introduced during yesterday’s July 12 meeting of the Board’s Land Use committee. The Chron interpreted these amendments as a sign that Chiu plans to approve the project’s environmental impact report, which comes before the Board today, after several groups appealed the final EIR that the Planning Commission approved last month.

But while city officials fear the developer will walk, if the Board does not approve the final EIR, some environmental advocates hope a better plan could be reached.

At POWER’s July 12 rally, nationally acclaimed environmental scientist Wilma Subra called on the District Attorney’s environmental justice department to “step up.” Subra claimed that the project’s final EIR “failed to evaluate and assess the cumulative impacts of exposure to children, adults and the environment as a result of exposure to all of the chemicals at the site.”

Monique Harden, co-director and attorney for Advocates for Environmental Health Rights (AEHR) of New Orleans, Louisiana, pointed to “deep flaws in the environmental regulation system,” as a reason why low-income communities of color should be concerned about the proposed plan.
“Why in the middle of an environmental crisis caused by BP in the Gulf am I coming to San Francisco?” Harden asked. “Because San Francisco is providing unequal environmental protection to its residents. As a resident of New Orleans, I’m concerned that San Francisco is careening towards making a decision that can crush the future of Bayview Hunters Point,”

But as local Bayview resident Jose Luis Pavon began talking about seeing gentrification occur in his lifetime within San Francisco, he and others got shouted down by a group of yellow and green-shirted project supporters, who were led by a guy calling himself Bradley Bradley and Alice Griffith public housing resident Stormy Henry.
“This is the devil’s trick in the last hour,” Henry said of the POWER rally.

Henry shared her heartfelt belief that if the Board approves the project’s final EIR, she and other Alice Griffith residents will get desperately needed new housing units. even if it takes some years to build them. Others in her group were unable to answer media questions: they had difficulty speaking in English, but were clutching neatly written statements in support of the project that they later read aloud at the Board’s Land Use Committee hearing.

As these project supporters prepared to move inside to attend the Land Use Committee meeting and lobby supervisors for their suppor, D. 10 candidate Tony Kelly shared his concerns that the Navy has a demonstrated history of finding nasty things at the shipyard years after they say everything’s clean, and that this pattern could jeopardize the plan.

“This happened at Parcel A,” Kelly said, referring to the first and only parcel of land that the Navy transferred to the city for development in 2004. “Since then, Parcel A has gotten smaller and as they found stuff on sites they then renamed as new parcels, like UC-3, which has radiological contamination in a sewer line that goes into the Bayview. So, that means the contamination is now in the Bayview.”

Kelly is concerned that the city is trying push through EIR certification before the Navy completes an environmental impact statement (EIS) related to shipyard cleanup activities. “The EIS is supposed to go before the EIR, as far as I know,” Kelly said

At the Land Use Committee meeting, Sup. Sophie Maxwell, whose district includes Candlestick and the Shipyard,said, the project was about “revitalization and opportunity.”

She noted that the certification of the project’s final EIR has been appealed to full Board’s July 13 meeting. She further noted that she intends to introduce legislation next week to address concerns that Ohlone groups have expressed.

The next two hours were full of testimony from a bevy of city officials, beginning with Michael Cohen, Mayor Gavin Newsom’s top economic advisor in the Office of Workforce and Economic Development.

“Every single element [of this project] has been discussed and debated at countless meetings,” Cohen claimed, as he sought to quell fears that the community had not been properly consulted with over the plan. “As we get closer to a vote, all of a sudden pieces of paper start circulating, criticizing project and suggesting that community involvement just began,” he continued. ” That’s factually untrue.”

He also sought to reassure the supervisors that the Board will have a say-so as to whether the city accepts early transfer of shipyard parcels from the Navy.
“Neither the city nor the developer have any specific authority over the cleanup,” Cohen said, noting that the cleanup is governed by specific rules set out in CERCLA [Comprehensice Environmental Response, Compensation and Liability Act, aka Superfund].

“Regardless of what we do, CERCLA will continue to be the regulatory tool,” Cohen said. ” I urge you not to be confused by CEQA and CERCLA.”

So, how can the city implement Prop. P, which voters overwhelmingly supported in 2000, urging the Navy to clean up the shipyard to highest attainable standards.
“Prior to any transfer, US EPA and DTSR have to concur in writing that the shipyard is safe,” Cohen explained, noting that, thanks to Speaker of the House Nancy Pelosi, the Navy has already spent over $700 million on shipyard cleanup efforts.

“We have 250 artists at the shipyard….but not a shred of scientific evidence to say that the shipyard is not safe,” Cohen claimed. “It’s safe to develop the shipyard in precisely the manner we are proposing.”

When Sup. Eric Mar raised the question of radiological contamination on Parcel UC-3, Cohen downplayed Mar’s concerns.
“The exposure levels are lower than watching TV,” Cohen claimed. “The primary source is very low level radiation from glow-in-the-dark dials.”
Indicating a map that showed a network of old sewers (in blue) and old fuel lines (in red) under the entire development area, Cohen said, “The radiological contamination that has and will be addressed at the shipyard is quite low level. You have radiation, you get nervous. We asked EPA to come out and do a scan to deal with the issue.”

IBI Group’s David Thom, the lead architect and planner for the project said the plan is designed “to connect new development back into the Bayview.”
“And this plan connects the Bayview through to the water.”

Tiffany Bohee, Cohen’s deputy in the Mayor’s Office of Economic and Workforce Development, insisted that project’s proposed bridge is better than Arc Ecology’s proposed alternative route, which would not involve constructing a bridge over an environmentally sensitive slough.
“The non-bridge route increases the number of intersections,” Bohee said, seeking to turn an environmental question (the impact of bridge on wildlife and nature experience) into a public safety issue.”
She claimed the BRT route over bridge was 5-10 minutes faster than Arc’s proposed alternative, “because there are fewer turns, it can go at higher speeds.” But Arc’s studies suggest the BRT route over the bridge is only a minute faster, and would cost over $100 million.

Bohee noted that $50 million from the sale of 23 acres of parkland for condos at the Candlestick Point State Recreation Area (CPSRA) will be “set aside for the state, and won’t be able to be raided by the city,” with $40 million going to improvements, and $10 million to ongoing operation and maintenance costs.

She also cited additional benefits that the project would bring to the community, including thousands of construction job opportunities.

“We are working with City Build to make sure they are for local residents,” Bohee said.“And there is absolutely no displacement for the rebuild,” Bohee continued referring to proposal to place current Alice Griffith public housing iresidents n new units, on a 1-1 basis

Eric Mar said he was impressed by many elements of the plan, but continued to express reservations.
“I’m still concerned that is seems to serve newcomers as proposed to existing residents,” he said. “And I’m still not convinced that the bridge is the best for existing residents.”

Rhonda Simmons, who works in Cohen’s Office of Economic and Workforce Development,  tried to flesh out details of the project’s job creation promises.
“The most immediate workforce is related to the construction site, and as you know, this project goes over a 15-20 year span,” Simmons said, pointing to green tech and retail as job opportunities that will exist once the project is built.

Mar expressed concern that the jobs may not be at the level of D.10 residents
“How is this gonna bring their skill level up?” he asked.
“The idea is that training gives first level entry at a variety of building trades,” Simmons said, pointing to the project’s large solar component.

“What about women?” Sup. Maxwell asked
Simmons pointed to retail opportunities,
“The idea of the training is to give folks job readiness skills, like getting there and showing up on time,” she said

Mar wanted to know who would have oversight of monitoring and compliance.
“In the city we have a tapestry of folks who do contract compliance,” she said. “The oversight will come from a variety of places.”

After Kurt Fuchs of the Controller’s Office listed the estimated economic benefits of the project, Board President David Chiu observed that the city is “at a crossroads.”

“I do not plan to prejudge,” Chiu continued, as he introduced his five amendments to regulate the Parcel E-2 cleanup, the size of a proposed bridge over the Yosemite Slough, expand healthcare access in the Bayview, create a workforce development fund and lay the groundwork for bringing public power to the project.

During public comment, Bayview resident Fred Naranjo pleaded for project support.  

“Please don’t let the train leave the station,” Naranjo said. “If Lennar leaves, the Bayview will never be developed.”

And Tim Paulson, executive director of the San Francisco Labor Council expressed hope that an agreement was getting closer.
“There really is a path to getting this done,” Paulson said. “This really is a model project in many ways for the rest of the United States.”
But D. 10 resident Linda Shaffer with the Yerba Buena chapter of the California Native Plant society indicated the huge pressure exerted on folks to support the project
“I do not want to be classified as an opponent, but we have concerns,” Shaffer said, noting that her group has filed an appeal of the project’s final EIR.

And while the Sierra Club’s Arthur Feinstein thanked Chiu for proposing to reduce the size of the bridge, he pointed out that Chiu’s amendment wasn’t really a compromise.
“That’s because it’s still a bridge,” Feinstein said, as he explained how noisy the area surrounding the slough will become as traffic whizzes by.

Connie Ford of the Labor Council accused some project critics of being “disrespectful.”
Ford took particular issue with claims that the project will gentrify the area
“The neighborhood is changing,” she said. “Since 1990, African American families have been leaving the Bayview in huge numbers. I encourage you to see this project as a good plan.”

Gabe Metcalfe of SPUR expressed his unconditional support for the plan,
“This plan is being asked to fix a huge number of problems,” he said.
Noting that the bridge continues to be a sticking point, Metcalfe said he sees opposition to every transportation project these days.
“We seem to be in a moment when you can’t build anything without it being opposed.”

But other speakers from the Sierra Club reiterated their stance that there are better and viable options to the bridge, noting that it is too costly, and that the surrounding community and wildlife would be better off without it.”

All these competing viewpoints suggest that whatever decision the Board makes today, it will take some time and create plenty of uproar. So, here’s hoping the Board votes in a way that will truly benefit the D. 10 community, not career politicians, city officials and out-of-state developers. It’s about time.

Kaiser workers seek election between rival unions

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Thousands of Kaiser Permanente workers have filed petitions to change unions in what could be the biggest battle yet between Service Employees International Union and its upstart rival National Union of Healthcare Workers. If called by federal regulators, the election would involve more than 45,000 workers, the biggest private sector organization since Ford Motors employees joined United Auto Workers in 1941.

“This is the election everyone has been anticipating for the last year and a half,” NUHW spokesperson Sadie Crabtree told us.

That was when Sal Rosselli and other former leaders of the Oakland-based United Healthcare Workers were ousted by former SEIU President Andy Stern and other leaders of their parent union, SEIU, and formed NUHW. Since then, the two unions have clashed bitterly and regularly, in various workplaces, through the media, in leadership battles, and in a San Francisco court case that ended in April.

“The NUHW petition, if the National Labor Relations Board agrees it was filed appropriately, could force an election between SEIU-UHW and NUHW at Kaiser. Voting for NUHW would risk all the gains SEIU-UHW members made in a hard-fought four-month contract campaign against takeaways by Kaiser,” was how an SEIU-UHW press release cast today’s action.

NUHW opted for a nod to the Fourth of July in its release: “Thousands of Kaiser healthcare workers fired the first shot today in a long-anticipated battle for independence that will determine the future of California’s largest union, SEIU. They filed a petition that will trigger elections for 45,000 SEIU members to choose between the troubled incumbent and the state’s fastest-growing union, the new National Union of Healthcare Workers.”

About 2300 Kaiser workers – representing three of the seven bargaining units – already voted in January to join NUHW, but the petitions now being turned in by the remaining four unions represent the most significant segment of Kaisier workers, including the 44,000-member service, technical, and clerical unit.

Federal law calls for elections when at least 30 percent of a union’s members ask for one, and Crabtree told us, “We have more than we need.” Now, the NLRB must verify the petitions and schedule the election.

Supreme Court rejects Healthy SF challenge

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The U.S. Supreme Court has decided not to consider a challenge to the Healthy San Francisco program that provides low-cost health coverage to city residents, partially funded by employers who refuse to provide health insurance for their employees, a mandate that prompted a lawsuit from the Golden Gate Restaurant Association.

The decision was a big victory for low-wage workers in the city, as well as California Assembly member Tom Ammiano, who was the driving force behind the program as a member of the Board of Supervisors, taking abuse from the business community for almost a year and holding firm on the need for employers to take responsibility for their employees. Without that mandate, Ammiano successfully argued, businesses that didn’t offer health benefits would enjoy a competitive advantage and their employees’ health care costs would often end up be paid by city taxpayers.

“Today’s Supreme Court decision is an affirmation of San Francisco’s landmark efforts to provide affordable health care to the uninsured. With over 50,000 people receiving health care services and prescription drugs, Healthy San Francisco is a national model for what can be accomplished when the public and private sector work in partnership towards a common goal”, Ammiano said in a prepared statement.

Mayor Gavin Newsom was eventually persuaded to support the mandate and he worked with Ammiano in crafting the final program, which he has since trumpeted as his own while campaigning for governor and then lieutenant governor, for which he won the Democratic nomination.

“The Supreme Court’s rejection of the challenge to Healthy San Francisco is a victory for the 53,000 San Franciscans who have healthcare today through our groundbreaking universal healthcare program. Healthy San Francisco is a model for healthcare reform that works. The High Court’s decision today ensures we can continue providing health care coverage to thousands who would otherwise go without care,” Newsom said in a prepared statement.

Newsom is a former restauranteur and GGRA member, but he did little to dissuade the group from bringing the lawsuit or in urging them to drop it. Many restaurants in San Francisco have taken to adding surcharges on customers’ bills, explicitly citing the increased cost of offering health insurance. But no restaurants that I know of include explicit surcharges for the membership dues they pay to GGRA or the extra contributions some restaurants made to continue pushing this lawsuit after the Ninth Circuit Court of Appeals ruled in the city’s favor.

City Attorney Dennis Herrera, who personally lobbied the Obama Administration to change the federal government stance on whether employer mandates violate federal law, also released a statement thanking the relevant players and singling out businesses that opposed the GGRA lawsuit: “I applaud Assemblymember Tom Ammiano and Mayor Gavin Newsom for their leadership in crafting this policy.  We should be very thankful to the Ninth Circuit Court of Appeals, too, whose thorough decision powerfully affirmed our arguments that Healthy San Francisco’s spending provisions were reasonable, fair and legal.  I would finally express my gratitude to all those from the business community who voiced their support for this program — especially Zazie and Medjool Restaurants, and Nibbi Construction, which filed amicus briefs on our behalf.”

Danger zone

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rebeccab@sfbg.com

Rita Connolly, a registered nurse who has worked with inmates in San Francisco jails since 1985, says she’ll never forget the time she had to act fast to save a prisoner’s life.

The man had just arrived from a different jail and was waiting to go through intake. He was slumped over and looking ill, too weak to voice a complaint. Several worried inmates beckoned Connolly over, and once she examined him, she realized he was in the midst of a heart attack. He was rushed to the emergency room. He lived — but sustained irreversible heart damage.

“He could have been someone who didn’t live,” Connolly told the Guardian, but he also could have had a better outcome. The inmate had alerted someone that he was having chest pains earlier in the day, she later learned, as he was boarding a bus from an Alameda County Jail. A medical services worker examined him just before the bus left, but allowed him to proceed. By the time he arrived in San Francisco, the warning signals had progressed to a full-blown heart attack.

The story highlights an extreme example of a trend Connolly said she observes regularly — inmates from counties that use privatized jail health services aren’t receiving the same standard of care that San Francisco provides. Sometimes, there are obvious signs that the care is inadequate, placing inmates’ health at risk.

Alameda’s jail health services contractor, Tennessee-based Prison Health Services Inc. (PHS), has made headlines before for a track record marred by inmate deaths and lawsuits alleging negligence. PHS has expressed interest in contracting with San Francisco if the city opened the door to privatization, which Mayor Gavin Newsom has once again proposed in his latest budget.

That budget also calls for cuts to community-based health and human service programs that threaten to erode the safety net for those battling mental health issues, drug addiction, and chronic health problems, all proposals now being weighed by the Board of Supervisors Budget and Finance Committee.

But it is the debate over whether to make a $11 million cut to jail health services that raises the most thorny and telling questions about what sacrifices are considered acceptable — and what populations can be the most easily targeted — in the quest to balance a budget without the tax increases that Newsom opposes.

 

OPEN WOUNDS

In San Francisco, the city’s Department of Public Health contracts with the Sheriff’s Department to address inmates’ medical needs. Privatized jail health care would be cheaper, though by how much is a moving target. But nobody is arguing that the care would be better.

Newsom’s budget proposes switching to a private firm as early as January 2011 to help solve a daunting budget deficit. The proposal originated with the Mayor’s Office, and Sheriff Mike Hennessey — whose department would realize the potential savings — went along by including the item in his departmental budget.

In years past, the Board of Supervisors has repeatedly resisted the proposal and is likely to do so again — but rejecting it would mean finding up to $11 million in savings elsewhere.

“The fear is that when you bring privatization into the picture, there is a financial pressure to cut corners. And even though that may end up saving some money … the price that comes with it is too high,” Sup. David Campos said at a recent budget hearing. Referencing stories about inmates who died needlessly in jail under the care of for-profit firms, Campos said he isn’t willing to risk a similar tragedy occurring in San Francisco.

The proposal has been floated repeatedly since as far back as the early 1990s, according to healthcare workers whose jobs have been jeopardized by privatization before. Newsom proposed the cut last year, and the year before.

“In absence of the budget problem, [Hennessey] probably would not have proposed this, nor would we have proposed this,” Newsom’s budget director, Greg Wagner, told members of the Budget and Finance Committee at a May 26 hearing, adding that the mayor shares concerns about prisoner safety. Newsom’s office did not return multiple calls requesting comment for this story.

The U.S. Supreme Court recently agreed to a hear an appeal by the state of California to the federal court ruling that substandard medical care in California prisons constitutes cruel and unusual punishment and necessitates the early release of about 40,000 prisoners. At the May 26 hearing, healthcare workers familiar with the interiors of county jails and state penitentiaries came forward with horror stories.

“Every week I receive at least one inmate who has an open gunshot wound. They have not seen medical care in the county jails,” Dr. Elena Tootell, chief medical officer at San Quentin state prison, told committee members. “It’s quite surprising to me that they send inmates with gunshot wounds to prison. They just walk off the bus. They often have paper towels stuck to their bodies, seeping the blood. And then we are obligated to take care of them. This does not happen from San Francisco County, I’m going to tell you that right now.”

Tootell said she’d observed a significant difference between those counties using private firms and those using public health care. “They will have a fracture — they’ve never been splinted, they’ve never seen a doctor. They’re on anticoagulation [medication], but haven’t had their blood checked in weeks and have bruises all over their body.”

Connolly echoed similar concerns. For example, she told the Guardian, she’s found herself asking questions like, “You were on AIDS medication before you got arrested and now you’re not?”

Susanne Paradis, a healthcare research contractor with SEIU Local 1021, rejects the premise that the same services could be provided at a lower price. Under a private model, she says, the priority is to keep costs low — and that means doing less.

A key issue, Paradis said, is that private firms tend to rely more heavily on licensed vocational nurses (LVNs) — lower-paid medical staffers who aren’t trained to assess patient’s medical needs and cannot administer the same care that registered nurses (RNs) can. Using PHS data, Paradis found that in Alameda, there is one RN for every 92 inmates, compared with one RN per 32 inmates in San Francisco.

“An RN has the ability to assess, observe, and determine if there’s emergency care needed,” Paradis explained. “An LVN does not have the ability to do that.”

John Poh, a nurse practitioner stationed at a jail in San Francisco’s Hall of Justice, explained the difference this way: “The more RNs you have working for you, the fewer deaths you have.”

PHS, an obvious point of comparison with San Francisco since it serves Alameda, declined to answer questions about its services. Instead, media spokesperson Pat Nolan e-mailed a brief statement. “We are excited to hear that San Francisco is considering the contracting of correctional health care,” he wrote. “Should the city choose to go through an RFP process, we would look forward to participating. We think it is the right thing to do for the city and its taxpayers.”

 

LINES OF DEFENSE

While those incarcerated in San Francisco jails can be thought of by some as criminals, nuisances, or miscreants, those requiring medical attention are patients in the eyes of the jail healthcare workers.

Inmates routinely enter the system with diabetes, HIV/AIDS, hepatitis C, heart problems, liver disease, and substance abuse issues, Connolly said. On occasion, a woman will arrive in jail only to learn that she is pregnant. Mental health problems are common, and some battle psychiatric issues in combination with physical ailments.

“Overall, our patient population has had little access to health care. For many people, we’re the only show in town,” Connolly noted.

Poh said some problems could spiral out of control if jail health staff didn’t nip them in the bud. If an inmate is exhibiting signs of tuberculosis, for instance, they’ll immediately get a mask and be sent to the hospital for screening. Sexually transmitted diseases are also a priority for treatment. “You don’t want that person going out infected,” Poh explained.

The city takes a proactive stance when it comes to treating inmates, Poh said, because at the end of the day, county jail is a revolving door. “Everybody leaves county jail. They’re either going home, to a program, or to prison.” If people are released back into the community with contagious, untreated health problems, the risk of exposure can spread beyond jailhouse walls.

San Francisco’s current system is considered a first line of defense, in which inmates are “seen as members of the community who happen to be in jail right now,” Paradis said.

Privatizing jail-health services would constitute a blow to a wider public health safety net in San Francisco that is already weathering painful cuts. At a June 15 Beilenson Hearing, a state-mandated opportunity for community members to explain the impacts of proposed health and human services cuts to the Board of Supervisors, people came out in droves to protest cuts to programs serving vulnerable residents.

Kristie Miller, executive assistant of the Standing Against Global Exploitation (SAGE) Project, told the Guardian that her organization serves 350 clients a year who are victims of human trafficking and commercial sexual exploitation. The organization stands to lose its mental health funding, so Miller had come out to speak against the cut. “It provides trauma-focused psychotherapy for survivors who’ve experienced a lot of abuse, violence, and exploitation,” she said.

Jeff Schindler, chief development officer for the Haight Ashbury Free Clinics, said he was there protesting a 79 percent funding cut to his organization’s 108-bed residential program on Treasure Island. “We won’t have a place for people to actually go into residential treatment for their mental health and substance abuse issues,” he said. “These are individuals who are going to get their needs met somehow, somewhere, and generally that’s going to be at San Francisco General Hospital.”

It’s in this context that the proposal to contract out for jail health services is being proposed. “It’s easy to dismiss prisoners as probably the least valued sector of our society,” Deirdre Wilson, of the California Coalition for Women Prisoners, noted at a May 26 hearing. “But the right to health care is a human right.”

 

FOR THE RECORD

According to an estimate prepared by the Sheriff’s Department, the city could save anywhere from $11 million to $14 million by contracting out for jail health services, and Newsom’s budget assumes a savings of “over $11 million per year.”

However, the Controller’s Office continues to revise that figure as the debate shifts and concerns are raised about the skill mix that a private firm would use. “We don’t really know what it would cost to contract out, unless there was an RFP and a response to the proposal and some discussion about what the staffing requirements would be,” Deputy City Controller Monique Zmuda explained at a June 17 hearing. She added that the potential range of savings spanned from $3 million to $11 million annually, depending on decisions that would have to be made about acceptable staffing levels.

San Francisco’s inmate population has shrunk in the wake of the crime lab scandal, and a city-owned facility in San Bruno has been temporarily shuttered. Sheriff Hennessey told the Guardian he believed medical care in the jails could be provided either by city workers or a private firm, but added that he’s “quite happy” with the status quo. Noting that 25 of the 58 counties in California already use private firms, he added, “It’s not an unusual or unique thing.” Hennessey also said the decision was linked to a broader philosophical and political question, and that he doubted there was support on the board for the proposal to go forward.

Mitch Katz, director of the city’s Department of Public Health, did not directly say whether he supported Newsom’s proposal. “I think our Jail Health Services does a great job, but I do understand that the city is facing an extremely difficult budget year and that ultimately the budget must be balanced,” Katz wrote in an e-mail.

Gabriel Haaland, who represents SEIU Local 1021 union members whose jobs would be affected by the proposal, voiced strong opposition at a June 17 Budget and Finance Committee meeting. “‘We don’t care about these people because they’re poor and they’re in jail.’ That’s the message” in the decision to contract out, Haaland charged. The item was continued and will be revisited as budget deliberations unfold.

Harris declares victory in AG Democratic primary

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San Francisco District Attorney Kamala Harris declared victory in the Attorney General Democratic primary in an energized  speech around 11 p.m. at Mimi Silbert’s Delancey Street Foundation at 600 Embarcadero.

Harris’ speech came soon after the room buzzed with the news that Santa Clara voters had approved a $937 million stadium deal for the 49ers at a site near Great America, and immediately on the heels a rousing introduction by State Sen. Mark Leno.

“With her kind of leadership, we’ll be able to reinvest dollars in the best crime prevention programs,” Leno said.

Harris’s campaign raised $3 million in the Democratic primary, and Leno indicated that supporters would need to “triple or quadruple that in the general election.”

Leno promoted medical parole and praised Harris’ Back on Track program for reducing recidivism rates for young, first time offenders.

“With your help we will elect the first woman to be Attorney General for the state of California,” Leno promised.

 Then Harris took the podium, dazzling in a chic black outfit and pearls.

Acknowledging the work and efforts of her supporters, Harris broke into a big smile.

“I do humbly accept the Democratic nomination for Attorney General of California,” she  said.

She praised good ideas that her fellow Democrats raised during the primary around fighting gang crime, corporate greed and fraud, protecting kids and the environment.

‘It’s been an honor to work with you,” Harris said, promising to call her opponents, “to ask you to help us put those great ideas to work.”

Then she talked about getting “tough and smart on crime” by addressing gang crime, but also focusing on early intervention and truancy.

She talked about cracking down on predatory lenders, supporting health care reform, and protecting California’s environment.

“When the President passed healthcare reform, it was the right thing to do,” Harris said. “People deserve to have medical care when they need it. The Attorney General has got to stand up and support that. It must be the work of the next Attorney General to ensure that the disaster and tragedy that happened in the Gulf of Mexico never happens in California,” she said, warning of attacks on AB 32, which set California’s 2020 greenhouse gas emissions reduction goal into law in 2006. “

And she described her campaign touching down in Modesto, Bakersfield, Oakland and Palo Alto and stretching from “grassroots to net roots,” ,

“We may seemingly be different because of our zip codes, perhaps, but we are all the same in terms of what we want for children.. elders,” Harris said, promising, “to protect poor people, the vulnerable and people who are the targets of bias.”

“We have a lot of work to do before November…but we are clear of purpose, clear of mind,” Harris said. “We believe in hard work, but we also believe that if can be fun work. Let’s celebrate tonight!”

And then she was off the stage, shaking hands with fans .Asked about the possibility of becoming the first female California Attorney General, Harris flashed that dazzling smile.“I’m sure a man could do the job just as well,” she said. “Let’s leave it at that for now.”

 

 

The sound of the city

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STREETS OF SAN FRANCISCO Do you have a favorite musician who plays outside in San Francisco? I’d name many, if I knew their names. There’s the kid no older than 10 who led a two-piece rock band (himself on voice-guitar) through a great show to a growing crowd at Dolores Park, then played soccer immediately after. There’s the guy at 24th Street BART who sounds like Johnny Cash. There’s the man with the white guitar by San Francisco Center, and the guy who used to sing opera by Macy’s. It’s all too easy to miss the sound of life when your ears are plugged by little headphones. With that in mind, and with Heddy Honigmann’s great 1998 documentary The Underground Orchestra as one inspiration, it seemed right to talk to some of the people who make music for those who listen. Thanks to Elise-Marie Brown, Nicole Gluckstern, D. Scot Miller and Amber Schadewald for their contributions to this piece. (Johnny Ray Huston)


Name: Antone Lee

What styles of music do you play? I play a mix of folk and modern country on my guitar. Most of my music is original.

Where are your favorite places to play? I usually like to play down here (Civic Center BART station) because of the great sound and acoustics in the hallway.

How long have you been gigging on the streets or underground? I’ve been playing on the streets since I quit my job 3 years ago. This is what I do for a living. It’s pure joy.

What do you like about it and why do you do it? I like vibing off of people as they come and go. It’s nice to play whatever I’m feeling at the moment.

What don’t you like about it? Sometimes the people walking by can be sort of distracting. I usually just close my eyes and sink into the song.

Do you have recordings or a Web site? I have a MySpace (www.myspace.com/antoneleemusic) where some of my songs are, but I have about thirty songs that I’m waiting to record.

What street musicians and other musicians do you admire? I really like Fiddle Dave. He’s got a great original bluegrass sound. I also like Federico who plays more gypsy-styled café music.(Elise-Marie Brown)

Name: Ilya Kreymer

What styles of music do you play? I play eastern European music. A lot of Klezmer, Russian and Balkan music.

Where are your favorite sites to play? My favorite places to busk are the BART stations in the Mission, and also farmers’ markets. I usually like to busk two or three times a week.

How long have you been playing on the streets or underground? For five months.

What do you like about it, and why do you do it? I like the fact that it gives me a chance to practice and I get to see how people react to the music. The acoustics in the 16th and 24th BART stations are especially good. It’s also a good way to meet other musicians.

What don’t you like about it? Obviously there’s a lot of outside noise. You never know when you might be interrupted. Sometimes I might be doing really well and no one will be there to listen, but when I mess up more people might be around.

Do you have recordings or a Web site? I’ve actually got some recordings on reverbnation (www.reverbnation.com). But I’m hoping to update it soon with more songs. I’m also working on having a band that plays Russian music, too.

What street musicians or other musicians do you admire? There’s an accordion player that plays down at Civic Center. I think during morning rush hour. He also does magic tricks and wears outfits that match his accordion. He’s a longtime busker who I really admire.

What’s been your best experience playing? I had a really good experience at the Alemany market recently. A friend of mine was working at the farmers’ market. I was busking next to her booth while she danced. People were stopping by and taking notice, so that was really nice. (Brown)

 

Names: The Haight Street Vagabonds: Peter, Bucky, Crisp and Jack

Where do you play? Fisherman’s Wharf, on the sidewalk next to Cold Stone Creamery.

What styles of music do you play? Gypsy music, folk, Russian Folk. We jam. That’s like asking what kind of music the Grateful Dead play.

What are your usual instruments? Broken mandolin, harmonica, pots and pans, guitar, hand drums, children’s toys, hands, feet.

Why do you play? For fun, to entertain, and to keep our spirits up. I don’t want the money — then I feel like I’m whoring myself out to capitalism. I want food, beer, weed, cigarettes, and the best thing — instruments!

When do you play? Everyday. Sometimes the members change. Sometimes people walking by will join for a few minutes, hours or days.

How many years have you been playing on the street? Crisp has been playing for a year, Bucky since he left home four years ago at age 14.

What’s your philosophy about music? The best music has never been recorded. The best music is played for family and friends, at night, around a campfire. Or when you’re alone. (Amber Schadewald)

Name: Benjamin Barnes

What styles of music do you play? I play guitar and viola, but violin projects better and I know a lot of repertory. I’ve got maybe 3 hours of Bach memorized. It’s a meditative thing. There are six sonatas and six cello suites, and I play the cello suites on viola and violin. They’re nice profound pieces and sometimes people will stop and listen. I was playing Bach’s Chaconne and this guy stopped and listened to the whole piece and tipped me afterward.

Where are your favorite places to play? The Mission BART stations. The acoustics aren’t bad — you get a little reverb like you would in a hall. The first place I played was Powell Street station. It was 1989. I put my can down and basically practiced and made 15 dollars. I packed it all up and went home and threw the money on my bed and laughed. I was working at a coffee shop and putting myself through school.

I had a string quartet (the Rilke String Quartet) and we used to play at Montgomery and Embarcadero. We called it guerrilla musicianship.

What do you like about it, and why do you do it? It’s fulfilling to play these great pieces. I’ve been working on memorizing all these pieces and finding new ways to interpret them.

I was just in NY and saw people busking in Central Park and Greenwich Village. There’s a famous violinist, Joshua Bell, who played in the NY subway for a couple hours, and no one recognized him or that he was playing on a Stradivarius. Most people walked by or gave him a dollar, and one kid played air violin. He made 26 dollars.

Do you have recordings or a Web site? I have a lot of songs and string quartet and solo viola stuff that I’ve written and played on my website (www.benjaminbarnes.com). You can download it for free. There’s a spot where you can make a donation. I’ve gotten about 26 dollars. (Laughs)

I’m playing a free show at Caffeinated Comics on May 16th. We’re going to play an acoustic show, with songs I wrote and Bowie covers, Beatles covers, Led Zep and “The Devil Went Down to Georgia.” (Huston)

Name: Anthony

Where are your favorite places to play? Montgomery Bart Station, sometimes Fisherman’s Wharf.

What styles of music do you play? Love songs.

What are your favorite songs? “All The Woman I Need” by Luther Vandross, and anything Barry White.

How many years have you been playing on the street? 10.

What are your necessary accessories? Sparkly blue nail polish, mini Bible, Newports.

How long do you play? I stay until my dick gets hard and then probably longer.

Why do you do it? To entertain people and make some money. I don’t play for my health. (Schadewald)

Name: Brass Liberation Orchestra

When was the BLO founded? 2002-ish

How many members are there? Probably about 20 at the moment. 50 or more for the life of the band.

Where are your favorite spots to play? How do you get the word out? We play for change: picket lines, street marches, demonstrations. Wherever people want to dance in the street. We mostly play at events that other people are publicizing, (but) when we do our own shows, we use email and word of mouth.

What’s been your most memorable performance? Depends on who you ask! Demos at the start of the Iraq War where the band was arrested en masse? Oakland Oscar Grant marches? Whole Foods “Hey Mackey” pro-healthcare protest?

Are there other street bands you admire? There are many street bands whose music we admire. Some bands with similar political orientation include Rude Mechanical Orchestra (NYC), Chaotic Insurrection Ensemble (Montreal), Cackalack Thunder (Greensboro, NC). We also respect the youth work of Loco Bloco in the Mission, who are currently facing a budget crisis and could use some fundraising support.

What’s your favorite song to play together? A lot of us love New Orleans Second Line, and also Balkan brass music. One song we play at almost every gig is “Roma Rama,” a simplified Balkan-style tune written for us by Axel Hererra. (Nicole Gluckstern)

Name: Federico Petrozzino

What styles of music do you play? I play mostly folk and Beatles covers.

Where are your favorite places to play? I’ve played at Mills College and Ireland’s 32. But I make my living as a street musician playing around here (Powell BART station).

How long have you been playing on the streets or underground? I’ve been out here for about 3 months since I got in to town from Argentina.

What do you like about it, and why do you do it? It’s nice when you feeling like you’re doing good and people will walk by and smile or give you a wink.

What don’t you like about it? To be honest, I love the bums. But sometimes they can be crazy, which can turn some people away. It’s a distraction, but we try to be respectful.

Do you have recordings or a Web site? I have some of my stuff at purevolume (www.purevolume.com/fefon). The next step is to play at more places in the area.

What street musicians and other musicians do you admire? Frank Lynn. He’s been down here for over 30 years and is kind of a father to all of us street musicians. He’s an amazing musician and only plays on two strings. He has such a deep voice and everyone respects him.

What’s been your best experience playing? Just watching parents teach their children to appreciate music and give money. It’s great to see them learn how to be humble and respectful of the arts. (Brown)

 

Name: Larry “Bucketman” Hunt

How long have you been playing music? I’ve playing drums for 49 years. My first kit was a set of buckets when I was three years old.

I’m not from here. I’m from Kansas and I’ve had the chance to play with some of the greats all across the United States — Jimmy Smith, Pearl Bailey, The Drifters. I played with John Lee Hooker when he opened up the Boom Boom Room. This is what I do.

Where are your favorite places to play? 4th and Market, Powell and Geary (with New Funk Generation).

What don’t you like about playing music on the streets or underground? Old Navy, the Flood Building, their security is chasing me off now. I’ve been out here for fourteen years, was in Pursuit Of Happyness with Will Smith, and now they’re trying to get rid of me. They call the cops. The cops don’t want to do it, but they have to. (D. Scot Miller)

 

Alerts

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alert@sfbg.com

WEDNESDAY, APRIL 28

SF Hep B Free


Attend this kick-off rally for a new hepatitis B ad campaign. The campaign addresses recent federal data confirming that SF has the highest rate of liver cancer in the country, primarily due to the high rate of hepatitis B among Asian Americans. Fiona Ma, Dr. Edward Chow, Ted Fang, and others will be speaking.

5:30 p.m., free

Togonon Gallery

77 Geary, 2nd floor, SF

www.sfhepbfree.org

Workers Memorial Day


Commemorate workers killed on the job and defend injured workers at this protest to reactivate the labor movement, protect the lives and safety of workers in the workplace, and demand healthcare and justice for all.

7 p.m., free

ILWU Local 34

801 2nd St., SF

www.workersmemorialday.org

THURSDAY, APRIL 29

Support SFBG’s slate card


Show your support for the Guardian’s June 2010 slate of endorsed candidates for the Democratic County Central Committee (DCCC) at this fundraiser featuring live music by the Valerie Orth Band and Lumaya, DJs Smoove and Kramer, a performance by Fou Fou Ha, and more. Although the Guardian is not directly affiliated with this event, proceeds go to a Guardian slate card mailer prepared and distributed by the candidates.

7 p.m., $20–$100 suggested donation

CELLspace

2050 Bryant, SF

alixro@yahoo.com

Oakland teachers strike


Join the picket lines at your Oakland neighborhood public school to protest the district’s top-heavy administration, over-reliance on private contracts, and continued cuts to essential programs.

6 a.m. protest at a school near you

11 a.m. march and rally at Frank Ogawa Plaza

14th at Broadway, Oakl.

Oaklandteachers.wordpress.com

FRIDAY, APRIL 30

Project Homeless Connect


Celebrate Arbor Day by taking part in the groundbreaking of a new fruit tree orchard at Project Homeless Connect’s Growing Home Community Garden, a project that aims to provide an ongoing source of fresh fruit for San Francisco’s homeless community.

1 p.m., free

Project Homeless Connect

Octavia between Page and Oak, SF

RSVP to (858) 523-9020 or (510) 601-4211

SATURDAY, MAY 1

International Workers’ Day


This march and rally will demand full rights for undocumented workers; money for jobs and education not war and occupation; and no more budget cuts or fee hikes that are just taxes on the poor. Sponsored by the May Day 2010 Coalition and the ANSWER Coalition.

Noon, free

24th St. and Mission, SF

answersf.org

TUESDAY, MAY 4

HIREvent


Find out about job opportunities in accounting, education, management, public safety, customer service, sales, technology, law administration, and more at this job fair featuring resume recommendations and employers ready to hire.

11 a.m., free

Hotel Whitcomb

1231 Market, SF

1-888-THE JOBS

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 255-8762; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

PBS’s Frontline edits out single payer

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Documentary misrepresented advocates as supporters of a public option
4/23/10

Silencing supporters of single-payer, or Medicare for All, is a media staple, but PBS’s Frontline found a new way to do that on the April 13 special Obama’s Deal–by selectively editing an interview with a single-payer advocate and footage of single-payer protesters to make them appear to be activists for a public option instead.

The public option proposal would have offered a government-run health insurance program to some individuals as an alternative to mandatory private health insurance. Not only is this not the same thing as Medicare for All, it’s an idea many single-payer advocates actually opposed, arguing that it would leave the insurance industry intact as dominant players in the healthcare business (PNHP.org, 7/20/09).

In the report, Frontline explained that insurance industry lobbyists pushed a bill in the Senate Finance Committee chaired by Sen. Max Baucus (D.-Montana) “that would include the mandate to buy insurance and kill the public option.” That “didn’t sit well with the president’s liberal supporters,” the Frontline narrator told viewers. After a clip from public-option supporter Howard Dean, a full minute and a half focused on protests: “The left counterattacked in May…. Liberal outrage arrived in Baucus’ own hearing room as healthcare activists, one after another, shouted him down.” Several of these protesters are seen in action, with a clip of an interview with Margaret Flowers of Physicians for a National Health Program (PNHP) saying that these were members of her group shut out of the hearings.

Now, Flowers and PNHP are leading single-payer advocates–but you’d never learn that from watching the Frontline program, which never mentions the single-payer concept. Instead, viewers were left to assume that Flowers and the protesters were public-option proponents, since that was the only progressive proposal that had been discussed. As Flowers explained (Consortium News, 4/15/10):

When the host, Mr. [Michael] Kirk, interviewed me for Obama’s Deal, we spoke extensively of the single-payer movement and my arrest with other single-payer advocates in the Senate Finance Committee last May. However, our action in Senate Finance was then misidentified as “those on the left” who led a “counterattack” because of “liberal outrage” at being excluded.

Viewers saw more footage of protesters being handcuffed and led away, with an unidentified voiceover from Amy Goodman of Democracy Now! describing the arrests, and finally a voice was heard saying: “This option cannot be part of the discussion at a Senate hearing? Now, I think that’s wrong.”

The audience could only conclude that “this option” referred to the public option, but this conclusion would be incorrect; this voice was actually MSNBC host Ed Schultz, a single-payer supporter, and a fuller version of his quote (5/7/09) would have made it clear that he was complaining about single-payer being excluded from the hearing:

Now, let me explain single-payer for just a minute. The money comes from one source, the government. Now, you and I pay taxes, OK. The government pays the bill. It’s that simple. Patients are not caught in the middle between doctors and insurance companies, no game-playing here. There’s no middleman. You know? There’s no decision-makers between you and your doctor. It’s a clean deal.

So what Chairman Baucus has decided, this option cannot be part of the discussion at a Senate hearing? Now, I think that’s wrong. I don’t think it’s fair.

Frontline’s editors responded to Flowers’ complaints, saying that they “understand the frustration of Dr. Flowers and others in what she calls the ‘single-payer movement,'” but that “it’s the work of journalism to report widely on a topic, then find the sharpest focus for the reporting, unfortunately leaving out much strong material along the way to shaping the clearest communication possible in the time or space allowed.”

The statement also argued that

the section that included Dr. Flowers was focused on the power of the insurance lobby and showed how activists like Dr. Flowers were excluded from the debate over the bill. The protesters themselves said they were protesting the fact that they had been excluded from the debate, so we believe we presented the protests in the proper context.

But in Frontline’s presentation, “activists like Dr. Flowers”–that is, single-payer advocates–didn’t even exist. Having itself excluded their perspective from the debate–and even misrepresented them as supporters of a position that many of them actually oppose–there’s some irony in Frontline claiming to have put this exclusion in the “proper context.”

This is not the first time that Frontline has decided that a conversation about healthcare reform should exclude single-payer (FAIR Action Alert, 4/7/09). The March 31, 2009, Frontline special Sick Around America avoided discussions of national healthcare plans. This omission led Frontline correspondent T.R. Reid–who had hosted a previous Frontline special (4/15/08) that examined various public healthcare models–to withdraw from the project.
When Frontline pushed single-payer out of the debate last year, PBS ombud Michael Getler (4/10/09) weighed in on the side of critics, calling it a “missed opportunity.” Getler today (4/23/10) published a column about the latest Frontline omissions, once again finding that ignoring a popular policy like single-payer is problematic:

It seems to me that to ignore something that was out there and popular with millions of people and thousands of healthcare professionals, but not really on the table, was a mistake. Although obviously tight on time, the producers should have found 30 seconds to take this into account, because many Americans support it, yet the deal makers never mention it, nor is the politics of discarding it addressed.

We’re thankful that Getler has once again taken this view and encouraged a more inclusive discussion of healthcare on PBS. However, his criticism misses the critical journalistic fact that single-payer advocates were not only marginalized by Frontline–they were misrepresented.

ACTION:
Tell Frontline that their recent program Obama’s Deal should have accurately explained the views of single-payer advocates.

CONTACT:
Frontline
frontline@pbs.org

You may also want to write to PBS ombud Michael Getler (ombudsman@pbs.org).

    
TAKE ACTION!

ACTION:

Tell Frontline that their recent program Obama’s Deal should have accurately explained the views of single-payer advocates.

CONTACT:
Frontline
frontline@pbs.org

Andy Stern to quit SEIU

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Just days after a San Francisco trial aired the ugly battle between Service Employees International Union President Andy Stern and some of his former top aides in the Bay Area, Stern has confirmed that he’s resigning after 38 years in the movement, 14 as head of SEIU.

Stern was once thought of as a rising figure in the progressive movement, but in recent years he has become a polarizing figure within the labor movement, prone to undemocratic power-building and starting fights with other unions. He was criticized as too close to corporations and the Democratic Party, but he doesn’t endear himself to either in an exit interview with the Huffington Post.

The fight between SEIU and the National Union of Healthcare Workers has created bad feelings on both sides, as indicated by the comments section every time we write about it, and I can’t help but think that Stern’s decision can only help the labor movement. But I suppose we’ll see.

BTW, there’s more on the SEIU-NUHW fight here at Spot.us, which we partnered with on this week’s story.

An inconvenient war

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By Christopher D. Cook

news@sfbg.com

For two weeks, in the marble-walled modernist grandeur of the Ninth Circuit U.S. District court in San Francisco, I watched nearly a dozen well-dressed lawyers for the Service Employees International Union — long my favorite union and one I’ve written about and marched with over the years — sue the bejeezus out of two-dozen former SEIU comrades-in-arms, some of labor’s most committed soldiers.

Judge William Alsup’s courtroom was packed and tense every day for two weeks, patrolled watchfully by U.S. marshals as former coworkers shot glares across the aisle and rushed by each other in the hallway outside. “This is like a bad family reunion,” one told me. Indeed, there’s a painful, often quite personal fight inside the family of labor — a fight one can only hope will lead to strong, deep democratic unionism down the road.

In the latest chapter of a saga that’s simmered to a boil over four years, SEIU sued 24 former staffers of its powerful 150,000-member Bay Area local, United Healthcare Workers West (UHW), alleging they used the union’s money and resources to create a rival organization. Since SEIU took over the old local in a bitter trusteeship fight in January 2009, the National Union of Healthcare Workers (NUHW), led by former UHW president Sal Rosselli, has been organizing workers in droves, challenging SEIU’s hold on health care workers in California.

In the end, following grueling testimonies and cross-examinations, it came to this: on April 9, the jury hit NUHW and 16 of its leaders with a $1.5 million penalty (which might be reduced to $737,850 depending on Alsup’s interpretation of the jury’s intent). It’s a lot of money, but far less than SEIU’s original claim seeking $25 million, and the appeals are likely to drag on into next year.

After dozens of interviews and whispered conversations in the hallways outside Alsup’s courtroom, I was left wondering: how could this be happening? At a time of historic lows in union membership (7.2 percent in the private sector last year) and a recession that may never end for workers, how could SEIU, once the darling of the progressive labor movement, be embroiled in a brutal war with one of its flagship former locals? How could these two unions be tearing each other apart, exchanging ugly accusations that threaten to further tarnish labor’s tenuous reputation? All at a time when California unemployment sits stubbornly at 12.5 percent and more than 90 percent of workers remain unorganized. Hospital executives who are accustomed to tangling with a unified labor front must be thanking their lucky stars.

But this isn’t some union corruption story or simply a scuffle for personal power. Beyond the name-calling lie crucial questions about how unions function, about whose voices are heard both in union offices and on the shop floor. How much voice will workers have in union decisions, not just about break rooms and arguments with the boss, but in the shape and direction of the labor movement?

Ultimately this fight won’t be decided by any jury or judge: despite the verdict, NUHW and its volunteer organizers are pressing on with SEIU for the right to represent California’s health care workers, 400,000 of whom currently pay dues to SEIU. Over the past year, more than 80,000 of those dues-payers have signed petitions to join NUHW, which has won seven of nine elections of health care workers called so far. With more big elections coming soon, most notably among 47,000 Kaiser Permanente workers this June, the stakes are only getting higher.

In a nutshell, the two sides argue thus: SEIU contends that Rosselli and company flouted the will of President Andy Stern, and ultimately its members, by refusing to abide by Stern’s decisions on a union consolidation. That led to a trusteeship of Rosselli’s local, with its leaders allegedly using SEIU resources to form their own union. Rosselli and NUHW insist they were boxed into an untenable corner by Stern’s centralization of power in Washington, D.C., at the expense of locals and workers and that they tried many times to resolve disputes internally, and only broke away to form a new union after they were forced out by Stern.

To convince a jury of its claims, SEIU amassed a formidable legal team drawing from four firms at a cost of roughly $5 million, according to SEIU spokesman Steve Trossman. (An expert witness hired by SEIU testified the union paid him roughly $300,000 just to prepare testimony for the case; defendants say the trial cost SEIU closer to $10 million.) Whatever the number, it’s an awful lot of time and money that could be spent organizing new workers and winning strong contracts instead.

Asked if he thinks the trial is worth the expense, Trossman said, “I think members of the union, when this is over, are going to get the truth of what happened — that they directly used union resources … to hold onto personal power.”

Dan Siegel, NUHW’s chief attorney, casts it differently: “This case is about punishing the defendants and sending a message” to other union dissidents across the country.

 

A LONG-TERM BATTLE

The rift that ended up in federal court has its roots in a 2006 move by Stern to consolidate California’s long-term health care workers, such as home care and nursing home employees, into a single statewide local — a move that would peel away 65,000 long-term care workers from Rosselli’s union.

The most likely beneficiary of the consolidation was the Los Angeles-based Long-Term Care Workers Union, local 6434, headed by Tyrone Freeman, who had been fending off corruption charges (allegedly stealing more than $1 million in union funds for personal gain) since 2002, according to the Los Angeles Times.

“Nowhere else but in California did SEIU attempt splitting long-term care and acute care workers into different unions,” said John Marshall, an SEIU strategic researcher who resigned in protest of UHW’s trusteeship, but who remains active in the labor movement. “But it’s worse than that — here SEIU proposed forcing long-term care workers into a local that was widely known to be corrupt, that had contracts with substandard wages and benefits. And on top of it all Stern and SEIU refused to allow those workers to vote on whether or not the transfer should occur.”

When Freeman’s alleged corruption became front-page news in the Times in 2008, and even after SEIU put the L.A. local in trusteeship later that year, Stern continued to push the consolidation. Rosselli resisted, arguing the shift would weaken workers’ voice and standards; wages for workers in Local 6434 were often far lower than those for their counterparts up north, and the mounting corruption charges didn’t bode well for union bargaining power or democracy.

SEIU’s Trossman insists union leaders were not aware of the Freeman allegations until they appeared in the L.A. Times, though one of those stories quotes an unnamed inside source saying Trossman knew of the charges as early as 2002. But Trossman said the issue was not Freeman. “The proposal was to create a new long-term care local in California, and by the time that decision was made in January 2009, Tyrone Freeman was already long out of the picture,” he told us, insisting the long-term care decision was made after hearings and an “advisory member vote.”

Yet 15 months after the takeover of UHW, the consolidation of long-term care workers remains on hold.

Friction between Stern and Rosselli — over the merger, leadership, and labor movement strategy — heated up throughout 2007 and 2008; Rosselli was unanimously booted off of Stern’s “kitchen cabinet” of labor leaders, and removed from his post as president of SEIU’s California State Council.

Then on Jan. 22, 2009, an SEIU-commissioned report by former Labor Secretary Ray Marshall recommended trusteeship — if Rosselli’s union didn’t abide by the transfer of its long-term care workers. A few days later Rosselli and the UHW executive board sent Stern a letter saying they would abide by the merger — if the UHW rank and file could vote on it first. No deal: on Jan. 27, UHW was put into trusteeship: its buildings were locked up, security guards patrolled the perimeters, and many of the deposed union staff camped out on the floors of their old offices.

On the afternoon of the 27th, Rosselli, who had been reelected UHW president earlier that month, spoke to cheering supporters: “[It’s] your right to determine what union you want to be in!”

NUHW members insist it’s never been about Rosselli or the other defendants. “We are not just a bunch of lemmings — we do what we believe,” said Tonya Britton, a Fremont convalescent home worker. “They couldn’t make it this far if there weren’t all of us members … When I heard about the trusteeship, I wanted a union that was for members, not top-down. We were making gains. Now it seems we’re doing nothing but fighting.”

 

Christopher D. Cook is a former Bay Guardian city editor. He has written on labor for Mother Jones, Harper’s, The Economist and others. This story was funded in part by spot.us.

Verdict leaves SEIU-NUHW fight unresolved

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By Christopher D. Cook

In a mixed ruling this morning (April 9), a nine-member U.S. District Court jury awarded $1.5 million to the Service Employees International Union in its ongoing campaign to stymie a rival union created by former SEIU staffers, in a mixed ruling that’s unlikely to resolve the unions’ protracted battle over members and leadership in the labor movement. 

Coming after a tense and bruising two-week trial and several days of jury deliberations, the verdict includes a $724,000 penalty against the insurgent National Union of Healthcare Workers, led by Sal Rosselli, former long-time president of SEIU’s United Healthcare Workers West (UHW). Rosselli and 15 of his NUHW colleagues were also hit with smaller penalties ranging from $30,000 to $74,000.

The SEIU lawsuit originally sought $25 million in damages for an array of allegations that its former staffers, who launched NUHW a day after the local was put in trusteeship, had stolen union funds and used SEIU resources and staff time to build their rival organization.

In the process of litigating the case, SEIU deployed four law firms at an expense of $5 million, according to SEIU-UHW communications director Steve Trossman (NUHW’s attorneys estimate the figure at closer to $10 million)—so if the award is upheld, SEIU stands to lose at least $3.5 million on the case. 

“It’s absolutely worth it,” said Michelle Ringuette, SEIU’s strategic affairs director.  “There’s no price tag on justice.”  She called the verdict “an enormous slam-dunk victory for SEIU members, who wanted to hold [NUHW] accountable…they are exhilarated today.”

But in an interview a few hours after the verdict, Rosselli said he and NUHW are undaunted by the ruling.  “Their goal was to destroy NUHW, and they failed,” he said.  “They wanted us to walk away from NUHW, that’s what this is all about…This will go on for more than a year before they can try to see a dime” of NUHW money, Rosselli added, noting NUHW’s attorneys will ask Judge William Alsup to set aside the verdict, and if he doesn’t they’ll press on to the U.S. Court of Appeals.

According to Rosselli, SEIU “said I was in jail, they said that I stole $3 million, and it hasn’t resonated…This has the potential to backfire on them—what we got dinged for is fighting the trusteeship, fighting for democracy, and fighting for a voice.”

Meanwhile, on the ground, where the two unions are locked in a tough fight for members, a different verdict is playing out.  In nine hospital elections over the past year, NUHW has won seven, mostly by resounding margins. The new union has won elections for more than 3,000 workers so far, while more than 100,000 have signed petitions requesting NUHW representation. The biggest organizing prize is Kaiser, where 50,000 workers will decide which union they want in an election this June.  “Once we win the Kaiser election, it’s going to be all over for SEIU healthcare,” Roselli said.

Rosselli said there are 100 union elections pending, and SEIU has moved to block all but 30 elections at nursing homes where staff turnover has been nearly 100 percent in the past year.  “The only reason they’re blocking is because they think they’re going to lose,” he said.

As the ruling came down, prominent California leaders such as United Farm Workers co-founder Dolores Huerta and former California State Senate pro tem John Burton issued statements supporting NUHW. “Tens of thousands of healthcare workers are organizing with NUHW for a real voice at work and a democratic voice in their union, and that will continue in spite of this verdict,” Huerta said. “These reformers stood up for workers’ right to vote when SEIU tried to take it away, and that’s the only thing they’re guilty of.”

Calvin Trillin: A guide to discussing the news for responsible citizens

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Calvin Trillin: Deadline Poet

A guide to discussing the news for responsible and serious-minded citizens

Our healthcare’s finally getting well

But houses still are hard to sell.

Employment programs still won’t gel.

And ice caps melt away pell-mell.

One shouldn’t dwell upon Rielle.

But, still…

The Nation 4/12/2010

Is Obama’s healthcare victory GOP’s Waterloo?

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With all the crazy misinformation and ugly rhetoric that preceeded last night’s vote on healthcare reform, I was hoping to see some reasoned analysis of what the package’s passage means for the Republican Party. And, so far, I think conservative journalist David Frum said it best, when he described the outcome as the GOP’s Waterloo.

 

 

SF leaders condemn SEIU tactics

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San Franciscans seem to be turning against Service Employee International Union and its national President Andy Stern this week, first with the vote by SEIU Local 1021 members to oust Stern’s leadership team, and now with a letter signed by a broad array of top political officials condemning SEIU tactics against the National Union of Healthcare Workers.

As the Guardian reported last year, NUHW President Sal Rosselli and his management team broke away from SEIU’s United Healthcare Workers after a protracted conflict that culminated in a hostile SEIU takeover of the local, placing it under a Stern-controlled trusteeship. NUHW had criticized Stern’s autocratic leadership style and undemocratic methods while SEIU accused Rosselli of using union funds to undermine Stern’s decisions.

Since then, a majority of SEIU-UHW workers statewide has filed petitions asking to decertify with SEIU-UHW and affiliate with NUHW, which has won seven of the nine elections that have been held so far. So SEIU filed various complaints with the National Labor Relations Board to try to block those elections, while NUHW has complained of worker harassment and ballot meddling by SEIU.

Earlier today, SEIU-UHW sent out a press release touting an NLRB ruling that clears the way for elections at 51 facilities around the state covering 6,845 voters, blaming NUHW for “violating members’ democratic rights” in opposing those elections.

But NUHW leaders say SEIU-UHW has been “cherry-picking” selected sites where they think their chances of winning are good and keeping their NLRB complaints in place to block other sites, often dividing up bargaining units in the process to raise fears in workers that they might lose bargaining clout if they switch unions. NUHW is a relatively small organization compared to the massive SEIU.

NUHW leaders say they want a fair, up-or-down vote among all of the SEIU-UHW members statewide who have asked for elections, and they’ve asked SEIU to sign a Fair Election Agreement to prevent harassment and intimidation, something that SEIU often asks employers to sign.

Supporting that request is an open letter signed by 116 San Francisco political leaders from across the spectrum, including every member of the Board of Supervisors except Sup. Carmen Chu, Assembly members Tom Ammiano and Fiona Ma, Sen. Mark Leno, Democrat Party chair Aaron Peskin and nine other members of the DCCC, all four major candidates for the Dist. 8 Board of Supervisors seat, United Educators of San Francisco President Dennis Kelly, and representatives from a board array of unions and grassroots organizations, including UNITE-HERE, POWER, Young Workers United, Chinese Progressive Association, Coleman Advocates, and many others.

Interestingly, in addition to his critics on the left within the labor movement, Stern is also being criticized by conservatives right now after President Barack Obama appointed him to his National Commission on Fiscal Responsibility and Reform.

The Guardian has forwarded the letter and allegations to SEIU-UHW officials and is awaiting a response, which I’ll post in the comments section when I hear back.

 

The letter reads:

WE, THE UNDERSIGNED community leaders of San Francisco, are deeply troubled by allegations that the Service Employees International Union (SEIU) committed multiple, serious violations of state labor law during the union representation election between SEIU United Healthcare Workers – West (SEIU-UHW) and the National Union of Healthcare Workers (NUHW) for 10,000 Fresno County homecare workers this June.

These allegations, made in sworn testimony before the California Public Employment Relations Board, include that SEIU officials directed staff to open, mark, and alter workers’ ballots; threaten the deportation of immigrants; and tell workers they would suffer the loss of wages, benefits and hours to scare them into voting for SEIU. The complaint alleges further that SEIU organizers physically removed ballots from workers’ mailboxes and homes.

Caregivers in San Francisco have complained of similar intimidation and harassment at the hands of SEIU officials trying to block union representation elections requested by them and tens of thousands of other California healthcare workers who have petitioned to join NUHW.

Over the next year, as thousands of San Francisco homecare workers, private sector nursing home workers, and private sector hospital workers make their choice for union representation between SEIUUHW and NUHW, we are committed to see that these workers can make their decision democratically, without intimidation, harassment, threats or coercion of any kind, from any party.

NUHW officials have communicated to us their willingness to enter into Fair Election Agreements, which are common in California’s healthcare industry, and which SEIU officials have long championed throughout the nation, to govern their campaign conduct and protect caregivers’ freedom of choice in their upcoming union representation elections.

Therefore, we are asking that you and San Francisco’s healthcare employers join NUHW in negotiating Fair Election Agreements to establish ground rules for these elections and guarantee that workers can choose their representatives for themselves. Please know that regardless of your decision, we will stand united to ensure that San Francisco’s healthcare workers have the fair elections they deserve.