Shame on CNA

Monday, April 21, 2008

SEIU Seeks Damages for CNA's Effort to Silence Workers, Suppress Criticism of Anti-Union Tactics

Service Employees International Union files anti-SLAPP motion against the California Nurses Association, submits application to vacate TRO publicity stunt

OAKLAND - The Service Employees International Union (SEIU) today filed an anti-Strategic Lawsuit to Prevent Public Participation motion against the California Nurses Association (CNA) to prevent the union from further efforts to silence critics of its divisive tactics. The motion cites a temporary restraining order against SEIU President Andy Stern and SEIU that the CNA obtained as a publicity stunt last week as the latest effort by the CNA to suppress nurses and hospital workers who have criticized its anti-union tactics in Ohio and other states.

SEIU also filed an application today to vacate the temporary restraining order, which was obtained by the CNA on April 15 from a local court commissioner - without any notice to SEIU - and based on misrepresentations by the CNA.

"CNA leaders have waged a dishonest and desperate campaign to divert attention from the truth that they've robbed more than 8,000 Ohio workers of the right to form a union," said Andy Stern, SEIU International President. "Their latest trick was the cynical use of important laws intended to protect people from real abuse and harassment - most often women - and it simply went too far."

The motion against the CNA was filed today under California's Code of Civil Procedure 425.16, a statute intended to prevent organizations from using a Strategic Lawsuit to Prevent Public Participation or "SLAPP" suit to suppress free speech from critics or opponents. SEIU expects to recover its attorney's fees and costs for having to vacate the improper restraining order.

"California's anti-SLAPP legislation is designed to ensure organizations like the CNA cannot stand in the way of the First Amendment rights of SEIU workers - or anyone else - simply because they don’t like being criticized," said Stephen Berzon, a partner at Altshuler Berzon LLP, the San Francisco-based law firm handling the case.

At a hearing this afternoon at the Alameda County Superior Court, the court conveyed it was "strongly of the belief" that the temporary restraining order obtained by the CNA was unlawful under the labor code. The court granted the CNA the opportunity to respond to the SEIU motion to vacate the order within 24 hours - by 3PM pacific on Tuesday, April 22 - and is expected to make a ruling immediately thereafter.

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