National Union of Healthcare Workers v. Kaiser Foundation Health Plan, Inc.
Opinion
Lead Opinion
Alsup, J.
ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
INTRODUCTION
Posed is a question of first impression under the Labor Management Relations Act, namely under what circumstances, if any, an employer may continue paying benefits for employees given leave to go work for the incumbent union against a rival union in a representation election. Defendants move for summary judgment. For the reasons stated below, and in light of genuine issues of material fact, the motion is Denied.
*1046 STATEMENT
Amid internal disputes over union governance, some officers of the Service Employees International Union-United Healthcare Workers broke away and formed a rival union, the National Union of Healthcare Workers (“NUHW”). Four years of court battles have ensued. This suit is one. See also SEIU v. SEIU-UHW, No. C 09-00404 WHA (NJD.Cal.2010), aff 'd sub nom. SEIU v. NUHW, No. 10-16549 (9th Cir.2013).
The main question for resolution is under what circumstances, if any, an employer violates Section 302 of the Labor Management Relations Act by paying benefits (but not wages) to and allowing time to accrue toward retirement for union representatives engaged in campaign activities against a…