Free Motion to Compel - District Court of California - California

Case 3:08-cv-00486-BTM-AJB

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WILLIAM A. SOKOL, Bar No. 072740 BRUCE A. HARLAND, Bar No. 230477 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone 510.337.1001 Fax 510.337.1023 Attorneys for Plaintiff SEIU, Local 2028

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

SEIU, LOCAL 2028 Plaintiff, v. RADY CHILDREN'S HOSPITAL, SAN DIEGO, and DOES 1 through 10, Defendant.

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No.

08-CV 0486 BTM (AJB)

DECLARATOIN OF BRUCE A. HARLAND IN SUPPORT OF SEIU, LOCAL 2028'S MOTION TO COMPEL ARBITRATION Date: October 3, 2008 Time: 11:00 a.m. Judge: Hon. Barry T. Moskowitz Courtroom: 15

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DECLARATION OF BRUCE A. HARLAND IN SUPPORT OF SEIU, LOCAL 2028'S MOTION TO COMPEL CASE NO. 08 CV 0486 BTM (AJB)

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

I, Bruce A. Harland, hereby declare as follows: 1. I am a shareholder in the law firm of Weinberg, Roger and Rosenfeld, and am one

of the attorneys representing SEIU, Local 2028 in the above-entitled case. I make this declaration upon my personal knowledge, and, if called as a witness, I could competently testify to the facts hereinafter stated. 2. On or about March 28, 2008, Region 21 of the National Labor Relations Board

("NLRB") issued a Complaint against Rady, Children's Hospital, San Diego, alleging that the employer violated the National Labor Relations Act ("NLRA") by, among other things, refusing to recognize and deal with SEIU, Local 2028. A hearing was set for June 9, 2008, and later rescheduled for June 23, 2008. A true and correct copy of the NLRB Complaint is attached hereto as Exhibit "A." 3. On May 12, 2008, I wrote to counsel for Rady, Children's Hospital requesting that

his client withdraw its Answer and agree to arbitrate the underlying grievance. A true and correct copy of my letter dated May 12, 2008, to Gary F. Overstreet and Michael R. Goldstein, is attached hereto as Exhibit "B." 4. Three days later, on May 15, 2008, Gary F. Overstreet, counsel for Rady, Children's

Hospital, responded to my May 12th letter, stating that the "Court specifically declined to rule on whether 2028 or a CBA exists . . . . Since these questions of representation are essential to your demand for arbitration, your petition for arbitration should be withdrawn pending the outcome of these NLRB proceedings." A true and correct copy of Mr. Overstreet's letter dated May 15, 2008 is attached hereto as Exhibit "C." 5. On June 17, 2008, rather than litigate the issue of Local 2028's existence through

the NLRB proceedings, Rady, Children's Hospital unilaterally entered into a settlement agreement with the NLRB whereby they agreed to recognize and deal with Local 2028 without admitting that they had violated the NLRA. A true and correct copy of the settlement agreement is attached hereto as Exhibit "D." 6. Local 2028 refused to enter into the settlement agreement because it believed that 2
DECLARATION OF BRUCE A. HARLAND IN SUPPORT OF SEIU, LOCAL 2028'S MOTION TO COMPEL CASE NO. 08 CV 0486 BTM (AJB)

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

the remedy was not strong enough to deter the employer from continuing to violate the NLRA. On August 1, 2008, after reviewing Local 2028's objections, the Regional Director of Region 21 approved the settlement agreement. A true and correct copy of James F. Small's letter, dated August 1, 2008, approving the settlement agreement is attached hereto as Exhibit "E." I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed this 7th day of August 2008 in Alameda, California.

/s/ BRUCE A. HARLAND BRUCE A. HARLAND

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DECLARATION OF BRUCE A. HARLAND IN SUPPORT OF SEIU, LOCAL 2028'S MOTION TO COMPEL CASE NO. 08 CV 0486 BTM (AJB)

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

EXHIBITS EXHIBIT A Order Consolidating Cases, Consolidated Complaint and Notice of Hearing ....................................................................................1-9 EXHIBIT B Bruce A. Harland letter dated May 12, 2008..................................................................... 10 EXHIBIT C Gary Overstreet Letter Dated May 15, 2008 Re: Class Action.............................................................................................................. 11 EXHIBIT D US Government - National Labor Relations Board Settlement Agreement; and NLRB Notice to Employees ....................................................................................... 12, 13 EXHIBIT E James F. Small, Regional Director Letter dated August 1, 2008 Re: Decision to Approve Settlement ...........................................................................14-16

118514/502088

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DECLARATION OF BRUCE A. HARLAND IN SUPPORT OF SEIU, LOCAL 2028'S MOTION TO COMPEL CASE NO. 08 CV 0486 BTM (AJB)

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