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Court Throws Out Restraining Order Against SEIU
Date:4/22/2008

IU members, staff, and workers employed by Catholic Healthcare Partners were exercising their First Amendment rights in their peaceful appeals to CNA leadership in California. The temporary restraining order-obtained by the CNA on April 15 without any notice to SEIU-was found unlawful under California labor code.

Since its "vote no" campaign at Catholic Healthcare Partners (CHP) hospitals in Ohio sabotaged a three-year effort by nurses and hospital workers to win a fair process to freely choose whether to form a union with SEIU, the CNA has consistently spread untruths and misinformation in Ohio, California, Nevada, and elsewhere. In particular, the California-based union has inaccurately characterized efforts by CHP workers and supporters to engage with CNA leadership over the union's anti-union tactics as "harassment."

"I'm a mom and a grandmom and I've spent my life caring for patients -- the last thing I thought anyone would ever call me is intimidating or scary," said Michaela Silver a respiratory therapist with Catholic Healthcare Partners in Springfield, OH who spent a week door-knocking alongside one of her coworkers to try to reach CNA board-members. "We just want the CNA's leaders to explain what they did in Ohio and stop their union-busting."

On Monday, SEIU filed a motion against the CNA under California's Code of Civil Procedure Sec. 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. Damages including attorney fees and costs from SEIU having to vacate the improper restraining order are expected.

"The CNA's injunction against SEIU was nothing short of a media stunt meant to chill free speech by SEIU members and supporters," said Stephen Berzon, a partner at Altshuler Berzon LLP, the San Francisco-based law firm handling the case. "This kind of abuse of the law is exactly what California's anti-SLAP
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SOURCE Service Employees International Union
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