Judge awards union election costs to loser of election
Posted By Geoff Evers on Sep 28, 2007 1:44pm PDT
Judge Wynne Carvill of the Alameda County Superior Court has awarded SEIU Local 250 in excess of $300,000 in damages for costs incurred in a losing decertification election for the rights to representation of all paramedics statewide. This ruling, the first of its kind nationwide, effectively has reimbursed a loser of an election for all costs incurred in that losing battle, purportedly under the Unfair Competition prong of the Business and Professions Code. This first of its kind ruling is now being appealed by the Evers Law Group to the First District Court of Appeals in the State of California. Such a ruling, if it is allowed to stand, would put a chilling effect upon or frighten away potential candidates or competing unions from entering into the constitutionally protected area of freedom of choice and election. If other courts were to follow this reasoning, as authored by Judge Carvill, individuals and unions would be put in the position where they would expose themselves to large damages for monies spent by international unions, such as SEIU, if they were to succeed in their decertification campaign. In short, this would mean that even though they could potentially win an election, they could actually become a loser in that not only would you have to absorb your own election costs but also those of the losing party. This ruling has caused a ripple throughout businesses and unions not only statewide but nationwide as well. Clearly, if this result stands, small unions, businesses and individuals will because of fear of economic ruin forego participating in the election process thus promoting the demise of competition and a free marketplace.