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Epoch Times
02-05-2025
- Health
- Epoch Times
California In-Home Caregivers Allege They Were Duped Into Union Membership and Dues
Three class action lawsuits have been filed in California alleging that some individuals providing personal care to their invalid family members were misled into joining a union. The cases will be heard by the Superior Court of California in El Dorado, Sacramento, and Fresno counties. Representing the plaintiffs in all three cases are attorneys Shella Arcabes and Ravi Prasad. Both work for the Freedom Foundation, a conservative think tank and legal activism group. Arcabes told The Epoch Times, 'Since the Supreme Court's 2018 Janus v. AFSCME decision, the unions have been acting deceitfully and using stall tactics to stem the losses of members and money.' In the For years, unions have Related Stories 11/14/2024 2/25/2025 'Every employee has the right to decide whether he or she will join a union. They don't have to give dues to a union that uses a portion of that money to advocate for causes and policies that the individual worker does not support. We think people should be aware of these rights,' Prasad told The Epoch Times. A Cost-Effective Service Through the In-Home Supportive Services (IHSS) program, the government pays individuals to provide in-home personal care services to loved ones, neighbors, and friends. The The client hires the caregiver of his choice, and the government Funding for the IHSS program comes from federal, state, and local sources. The state of California issues all checks for individual provider payments and withholds a portion of the payment for applicable taxes and union dues. It is the responsibility of the union to provide the state with a list of dues-paying union members every month or pay period. The newly hired caregivers must attend an employee orientation session conducted by government officials at which a public employee union representative explains the advantages of union membership to the workers. Attorney Shella Arcabes. Courtesy of Freedom Foundation Some Representative Cases According to the legal pleadings in the Kendrick wrote the words 'Do not want to participate' on the signature line of the union membership forms she was handed. A short time later, Kendrick noticed that union dues were being taken out of her paycheck. Kendrick sent an opt-out letter to the United Domestic Workers of America (UDW), who responded that she had agreed to the dues deduction and that they would continue to be taken from her paycheck every month for one year from her signup date. Claudiu Hotea has been taking care of a member of his family as an IHSS caregiver since 2011. At his new employee orientation session, Hotea signed up for union membership after being told by a UDW representative that he had to join the union if he wanted to receive benefits such as health insurance, the complaint alleges. In May 2023, Hotea sent an opt-out letter to UDW requesting to withdraw his membership and cease dues deductions. Mr. Hotea retained counsel in December 2023, who sent a letter to UDW demanding that the withholding of dues stop and that UDW provide Hotea with a copy of his membership agreement. On Dec. 27, 2023, the Membership Resource Department of UDW sent Hotea's lawyer a copy of his membership agreement dated March 28, 2019. According to the complaint, the signature at the bottom of the membership agreement does not belong to Hotea, who contends he never signed a membership agreement on that date. UDW eventually stopped taking dues from Mr. Hotea's paycheck in May 2024. The United Domestic Workers of America did not respond to a request for comment. Dues Allegedly Deducted Without Consent In another Attorney Ravi Prasad. Courtesy of Freedom Foundation Muravskii, an employee of the University of California Davis Health, claims he signed a union membership form that did not contain any reference to paying dues. When Muravskii noticed dues were being taken out of his paycheck, he sent a letter to the union withdrawing his membership and requesting that the withholding stop. According to the complaint, 'On March 28, 2024, AFSCME 3299 sent him a membership form that they purported he signed, containing dues payment obligations up until a certain window period each year.' Muravskii claims he did not sign this form or any other form containing dues payment obligations and that the signature on the form 'does not reflect how he signs his name.' The complaint asserts that Muravskii would not have signed any form that would have required him to subsidize union political speech. Another employee of U.C. Davis Health, Swartika Lal, sent a letter to AFSCME 3299 in February 2024 withdrawing her membership in the union and requesting that the dues deduction from her paycheck cease. Hearing nothing from the union, Lal called Local 3299 and was told that it had received her revocation letter and the dues deductions would stop in 'two or three pay cycles,' according to the complaint. Seeing no halt to the deductions, in August 2024, Lal hired a lawyer who sent a demand letter requesting that the union cease the deductions and refund, with interest, any dues deducted since February 2024, up until the deductions cease. As of April 21, 2025, the union continues to take dues out of Lal's paycheck. AFSCME did not respond to a request for comment. Problems in Fresno County A third According to the complaint, in 2017, Lozano received an unsolicited visit to her house from a representative of the Service Employees International Union (SEIU) Local 2015. The complaint alleges that the representative tried to persuade her to join the union, going so far as to electronically sign a membership agreement on Lozano's behalf without showing her the document or explaining that membership in the union entailed the deduction of dues from her paycheck. In mid-2024, Lozano realized she did not have to be a union member or pay union dues. She sent two opt-out letters to Local 2015 and spoke on the phone with union officials several times, trying to cancel her membership and stop the dues collection. As of April 28, 2025, union dues are still being deducted from Lozano's paycheck. Shirley Marsh is an IHSS provider furnishing home-based care to her disabled grandson. According to the complaint, Marsh never signed a membership agreement with SEIU Local 2015 and does not agree with their political activity. Despite not signing any membership agreement or dues authorization, SEIU Local 2015 commenced deducting union dues from her monthly paycheck. The complaint states, 'On Sept. 5, 2024, Ms. Marsh sent a certified opt-out letter to SEIU 2015 even though she had no need to do so since she was never a union member to begin with.' As of April 28, 2025, SEIU 2015 continues to deduct dues from her monthly paycheck, according to the complaint. The Service Employees International Union did not respond to a request for comment. 'The objective of these class action suits is to bring a halt to the deceitful and stalling tactics by the unions and to prevent them from recurring in the future,' said Prasad. The cases also seek refunds of all inappropriately deducted union dues.
Yahoo
24-04-2025
- Health
- Yahoo
Hundreds rally in Modesto, calling on leaders to protect Medicaid access
( — As house republicans hammer out a budget reconciliation bill, Californians took to the streets Wednesday, calling for their local representatives to protect access to Medicaid. Many say they are worried that a budget passed by the GOP-controlled House could make cuts to the program that provides healthcare coverage to low-income individuals. One of those demonstrations took place this afternoon outside congressman Tom McClintock's office in Modesto. It was there that at least 200 people demanded that McClintock vote against the cuts. 'Our demand for McClintock is to do what's right by his people,' said Astrid Zuniga, United Domestic Workers/AFSCME Local 3930 President. Sacramento County approves 30-year lease for new mental health facility In a statement to FOX40, the office of Congressman McClintock said: 'Medicaid spending has nearly doubled in ten years and now costs more than the entire defense budget, taking $6,900 a year from an average American household to support. The budget resolution anticipates long overdue common-sense reforms such as restoring the work requirement for able-bodied adults, prosecuting fraud, and ending services to non-citizens. Left-wing groups oppose these reforms and are instead advocating for a crushing tax increase that would cost a family earning $75,000 a year an additional $1,500 in new taxes next year.' Demonstrators outside Congressman McClintock's office included residents with a wide range of disabilities, elderly patients, and organizations, including members of the United Domestic Workers (UDW) who play a role in the care provided for certain groups of patients. Many said they are afraid that if these cuts are made, it could have devastating and potentially deadly impacts on their health. The UDW worries that any cuts to Medicaid would leave millions without the necessary resources and care they need if they can't afford it. 'The impact is huge. It could be devastating for millions of Americans,' Zuniga said.' Specifically in Stanislaus County, about 51 percent of the residents rely on Medicaid services.' Wayne Junso, an 81-year-old Modesto resident, said he is worried about the added work and resources it would take to care for his son, who is paralyzed, if impacted. 'The price of medicine, the price of doctors, the price of equipment,' Junso said. 'For most of the people, it is a big issue because if they lose doctors, nurses, and help, what are they going to do? What are they going to do?' The government has not finalized a budget yet, but residents here say they hope politicians will keep the potential repercussions and their fears in mind. 'Well, one, I probably wouldn't have a job,' said UDW worker Billie Hughes. 'My grandson would not be able to go and get the help that he needs. He can't talk right now, he just learned to walk, and he's in a great facility where he's going to school, so that would be cut, everything would be cut.' Zuniga said she is hopeful their cries will be heard. 'These are some really scary times, and it's unfortunate, but I have to keep hope that as long as we continue to apply the pressure and make our voices heard, that it doesn't fall on deaf ears,' Zuniga said. Demonstrators say they will be back out to continue the movement on Thursday. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
14-04-2025
- Politics
- Yahoo
What's ‘workplace democracy?' The purpose & history of unions in Stanislaus County
Recent labor negotiations in Modesto highlight an active labor movement despite attempts to disrupt collective bargaining at the national level. It's also a reminder of the history of labor unions in the Central Valley. On April 1 before 9 a.m., members of United Domestic Workers Local 3930 (UDW) donned green shirts and gathered outside the doors of Tenth Street Plaza in Modesto, preparing to speak before the county Board of Supervisors to call for a pay increase as part of ongoing contract negotiations. Theirs was one of two labor negotiations discussed at the meeting that day. An hour and a half into the Tuesday morning meeting, seven members of UDW spoke during public comment to increase pay for in-home supportive services, a service currently subsidized by MediCal through federal, state and local county funding. Divon Briseno, an in-home supportive care provider who started by taking care of his son with developmental delays five years ago, spoke at the podium. In-home supportive services providers 'deserve better than borderline poverty,' he said. Astrid Zuniga, President of UDW 3930, said she and her members have been going before the Board of Supervisors for 16 or 17 years. 'We are there voicing our opinion every Tuesday that we can be there,' she said. On the same meeting's agenda was a consent calendar item to approve a contract with the county's deputy sheriffs union that resulted in pay raises. At District 3 Supervisor Terry Withrow's request, it was made a separate item so the successful negotiation could be celebrated. 'We had a lot of meetings where we had sworn deputies here, and we appreciated their input and as we said all along, 'We will get to a spot that works for everybody,' and we did,' he said. 'I just wanted to celebrate that.' The National Labor Relations Act, also known as the Wagner Act of 1935, codified the right to collectively bargain and create unions and established the National Labor Review Board. Since then, unions have had a role in creating the eight-hour workday, child labor laws, anti-discrimination laws, paid sick leave and other rights and protections for workers. The agricultural worker movement led by the United Farm Workers union is memorialized in Modesto with Cesar Chavez Park and, in front of the Peace/Life Center, a mural dedicated to UFW's efforts 'We have a right to organize, and the workplace is one of the most important places to do that,' said Will Kelly, executive director of the North Valley Labor Federation, a collection of labor unions in North San Joaquin Valley. 'Workers have a protected right to engage in collective action.' Lorena Gonzales, president of the California Federation of Labor Unions (AFL-CIO), said the only way to have fairness is to have unions, so workers have a voice on the job. 'Without a union, a worker may have an opinion, but they have no protection for exploring that opinion and there's no need for the employer to even listen to it.' A strike by truckers and transportation workers by the International Brotherhood of Teamsters local 356 in 1967 locked out workers and idled approximately 800 cars in Stanislaus and Merced counties. The local union representative at the time said it was in violation of their bargaining rights, according to previous Bee reporting. The local Cannery Union also had a series of strikes reported in The Bee dating back to the 1930s. Cannery Union Local 748, now Teamsters 948, still operates out of 1222 I St., which has been a union building since 1950 and was dedicated as a city landmark in 1996. The constitutionality of the NLRB and, by extension, the NLRA are being challenged in federal court by corporations including Starbucks and Elon Musk's SpaceX. One such challenge argues that provisions restricting the president's ability to remove NLRB members are unconstitutional. Gonzales said billionaires have too much power and it's caused an imbalance, 'and the only counterbalance to that is the collective voice of workers — workplace democracy.' Gwynne Wilcox, a member of the National Labor Relations Board, which makes determinations on labor cases for workers at the federal level, was fired by the Trump administration on Jan. 28. She was reinstated under a court order March 6. That decision was granted a stay on March 28, leaving her fired. But most recently, the decision was made to reinstate her again on April 7. Gonzales said the NLRB was severely underfunded even before recent changes, but the current situation has brought chaos. Though there are concerns about the NLRB being able to meet the demands of workers at the federal level, a new bill making its way through the Assembly aims to give workers in California at least, another option. A prospective new state law, Assembly Bill 288, is intended to help public and private employees in California who have exhausted their appeals at the federal level, to come before the state and have their labor case heard there. 'What we're trying to say is if you exhaust your federal remedies, and there is no remedy to be had because of dysfunction, because of chaos, because of court cases that you can pursue that remedy administratively in California through our means to allow people to organize.' She said that the process for filing complaints in California is quick and determinative and has worked for private employees like agricultural workers, child care providers, and home care workers. On April 5, Sandy Moreno, regional manager with UDW/AFSCME Local 3930, which she said represents around 6,000 members in Stanislaus County, stood in front of a crowd of protesters with a microphone in her hand at Tenth Street Plaza. 'When essential services are cut, everyone feels it, everyone here today, especially the most vulnerable among us,' she said. 'We will continue organizing, we will continue mobilizing, and we will continue to be in these streets because these are our streets.' President Donald Trump has also signed an executive order barring federal workers from collective bargaining, called 'Exclusions from Federal Labor-Management Relations Programs,' an action that is being reviewed in federal courts. 'The federal workers have already lost their right to organize,' Zuniga said, referring to the executive order. The House bipartisan Committee on Oversight and Government Reform is currently reviewing a bill that would nullify Trump's executive order. The most visible labor action is by far strikes. Kelly said it is an extension of workers' First Amendment rights. In 1962, the Supreme Court upheld the right to strike with or without a union. The focus of a strike is to intentionally withhold labor, and generally comes after multiple attempts to negotiate with employers. Before a formal strike, workers will engage in other tactics which can include protest marches, rallying letter writing to bring attention to their concerns. Unions decide collectively what actions will be taken including if and when they strike, through a ballot system, where members have a say in what actions ensuring the process is democratic. 'The highest level of that collective action is going on strike and that needs to be protected otherwise everything else falls apart,' Kelly said. Zuniga, the president of UDW 3930 and a home care worker for her son, said the workers she represents are often disrespected and looked as less than for the work they do. 'Without the union, we wouldn't have a shot,' she said.
