Following is an e-mail announcement that we received this evening.

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Dear SEIU Brothers and Sisters,

SEIU Local 221 President Sharon-Frances Moore has resigned. She will get over $107,000 of our union dues money to leave!

"IT IS HEREBY CERTIFIED as of November 7, 2008, that the fair share fee provision in the unit is rescinded."

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Today in Los Angeles the votes for the secret ballot election ordered by PERB were counted and with 123 ballots marked YES (versus 23 NO), the Crafts (CR) bargaining group is no longer under the Agency Shop (Fair Share Fee) provision.

SEIU 221 will no longer be withholding an agency fee from the paychecks of CR employees who chose to not be Local 221 members^{1, 2}

All Craft (CR) Bargaining Group employees (members and non-members as well) will be receiving a secret ballot in the mail at their homes beginning October 2nd. The ballot will ask:

Shall the agency fee provision agreement implemented by the County Of San Diego, as approved by the Craft Bargaining Unit members of SEIU Local 221, be rescinded? Yes/No

Vote YES for CHOICE!

SEIU's motto is "Stronger Together", but that is only because the rest of the words, "... except when someone disagrees with union management", won't fit on the sign.

Steward and union supporter Wally Gutierrez learned on Saturday the verdict of his union trial. On August 27th, a trial body heard two charges brought against Mr. Gutierrez by Executive Board member Kathy Griffee. On the charge of Gross Disloyalty Unbecoming a Member, the "trial board" decided to sustain which is a conviction.

The trial, which had all the drama of a prime time reality TV show, "was basically rigged", says Mr. Gutierrez who then describes how: "First, two of my witnesses got labeled as observers, which made them ineligible to later be called upon as witnesses." Mr. Gutierrez argues further "Then the 'trial board' limited the number of witnesses I could have to four, leaving others I was counting on barred from entry."

Late Wednesday evening scores of workers converged at SEIU Local 221 headquarters to view the trial hearing and to support their fellow union member on trial. This event was attended not just by an estimated fifty supporters but by multiple media organizations as well.

Additional Videos | Latest Video (added Sep. 6th)

[Update: Article about the trial in Today's Local News ]

Not only will SEIU Local 221 Member Wally Gutierrez not get representation from his union at his upcoming trial, he cannot even bring his own attorney!

The sequence of events follows:

• Aug 17th - Mr. Gutierrez requests that Local 221 provide represenatation for him at his trial
• Aug 19th - Local 221 responds, declines to provide representation
• Aug 20th - Mr. Gutierrez requests clarification on bringing his own legal representation
• Aug 21th - Local 221 responds, no legal counsel allowed

The labor management team member who was served charges from Local 221 has responded by filing with the PERB an Unfair Labor Practice charge against SEIU Local 221.

In his complaint, Wally Gutierrez alleges that Local 221 has violated the Meyers-Milias-Brown Act (MMBA).

Section 3506 of the MMBA states: "Public agencies and employee organizations shall not interfere with, intimidate, restrain, coerce or discriminate against public employees because of their exercise of their rights under Section 3502."

[Update: Aug 21st - PERB acknowledges charges, will start review on Sept. 2nd.]
[Update: Sep 17th, Charges ammended. Additional employees join complaint.]
[Update: Oct 8th, Charges ammended. SEIU still withdrawing full dues after suspension.]

Executive Board (E-board) Member Kathy Griffee submitted formal charges with SEIU Local 221 against a fellow Local 221 member and requested that his membership be revoked.

Ms. Griffee's letter, dated July 2nd, 2008 charges Wally Gutierrez, a craft CR labor management team member of: (1) Gross disloyalty unbecoming a member and (2) Advocating or engaging in dual unionism or secession.

For the record neither Wally nor any other member of the CR labor management team is seeking decertification of Local 221.

The State of California Public Employment Relations Board (PERB) accepted the instant petition submitted by the Craft (CR) bargaining unit as sufficient proof of employee support to hold an election.

PERB Regional Attorney Valerie Racho writes "An election shall be conducted by this office to determine whether the employees in the CR bargaining unit desire to rescind or retain the fair share fee provision." [The desire is to rescind and give each employee a choice whether or not to be a member of Local 221.]

PERB's next step is to try to arrive at a consensus on the mechanics of the election. If Local 221 president Sharon-Frances Moore will not agree with PERB and CR on the mechanics, then PERB will issue a Directed Election Order.

Full response from the PERB available here.

[Update: Received the Consent Election Agreement from PERB which lists the rules for the upcoming election.]