09/02/2008
To the Attention of the current OPEIU, Local 30 Election Committee, Jon Larson, Mark Englehardt, Ann Johnsonbaugh

We, the undersigned, hereby challenge the results of the 2008, OPEIU, Local 30 election of Officers for the following reasons;

The format of the actual ballots used for voting, incorrectly listed some of the Candidates’ job titles, describing them as “courier[s]”. In fact, these Members are “Distribution Courier[s]” as defined within the contract between OPEIU, Local 30 and Kaiser Permanente/ Southern California Permanente Medical Group. By belittling these Members’ positions, the other Candidates may have received votes which otherwise may have been cast in support of the disenfranchised Candidates, thereby potentially changing the outcome of the election.

Including but not limited to, Carmen Corral, Marianne Giordano and Walter Allen Jr. campaigned on Kaiser Permanente campuses. According to Kaiser Permanente Corporate Compliance Officer, Donna Luppinaci, and Kaiser Permanente Human Resources Director, Cheri Sampson, these actions (whether during the campaigning Candidates’ working hours or non-working hours [i.e. Vacation, Life Balance Day, Sick Leave, etc.]) are against Kaiser Permanente policies and procedures and are not permissible. Candidates whom adhered to Kaiser Permanente policies and procedures by not campaigning on the company’s premises, during working or non-working time were unfairly penalized by those Candidates who violated these policies and procedures, thereby potentially changing the outcome of the election.

Including but not limited to, Candidates Carmen Corral, Marianne Giordano and Walter Allen Jr. campaigned to Employees who were working and on Kaiser Permanente campuses. According to Kaiser Permanente Corporate Compliance Officer, Donna Luppinaci, and Kaiser Permanente Human Resources Director, Cheri Sampson, these actions are against Kaiser Permanente policies and procedures and are not permissible. Candidates whom adhered to Kaiser Permanente policies and procedures by not campaigning on the company’s premises were unfairly penalized by those Candidates who violated these policies and procedures, thereby potentially changing the outcome of the election.

Including but not limited to, Candidates Carmen Corral, Marianne Giordano and Walter Allen Jr. campaigned by posting their candidacy materials on Kaiser Permanente campuses, and in non-break areas (i.e. SPD windows, mailroom work areas, and within a commonly used public walk area, near the public cafeteria). According to Kaiser Permanente Corporate Compliance Officer, Donna Luppinaci, and Kaiser Permanente Human Resources Director, Cheri Sampson, these actions are against Kaiser Permanente policies and procedures and are not permissible. Candidates whom adhered to Kaiser Permanente policies and procedures by not campaigning on the company’s premises were unfairly penalized by those Candidates who violated these policies and procedures, thereby potentially changing the outcome of the election.

Including but not limited to, Candidates Carmen Corral, Marianne Giordano and Walter Allen Jr. had additional ballots mailed to Members whom had discarded their initial ballot, potentially compromising the integrity of the vote by only reissuing ballots to those Members they had spoken with, whom were in support of their candidacy. Candidates whom adhered to an ethical and fair election process were unfairly penalized by those Candidates who may have been in violation of a fair and ethical election process, thereby potentially changing the outcome of the election.

According to the OPEIU, Local 30 Election Committee, Candidates were not permitted to campaign during time that said Candidates were working for OPEIU, Local 30 and/or Kaiser Permanente and/or any other Employer. We have information which has lead us to believe Marianne Giordano and Walter Allen Jr. may have campaigned during times when each were ’working’ for their Employers. Candidates whom adhered to the procedures set forth by the OPEIU, Local 30 Election Committee were unfairly penalized by those Candidates who may have been in violation of said process, thereby potentially changing the outcome of the election.

According to the OPEIU, Local 30 Election Committee, Union funds and/or property were not allowed to be utilized during this election. We request evidence which will substantiate that no Union funds or property were utilized in the manufacturing of any Candidate’s campaign literature, specifically the joint flyers made in support of ‘The Winning Team’. If some Candidates received assistance from the Union while others did not, those Candidates were unfairly penalized by the Candidates who may have been in violation of a fair and ethical election process. Further, these Candidates would have been in violation of the OPEIU, Local 30 Election Committee‘s instructions, thereby potentially changing the outcome of the election.

While the Union was provided with the appropriate number of campaign literature, prepared for U.S. postal mail mailing, some Members reported not receiving the, ‘Team: New Direction, New Strength’ mailing but that they did receive the, ‘Winning Team’ mailing and/or the official ballot. This discrepancy of mailing addresses provided by the Union, leaving some Members less informed than others, may have potentially changed the outcome of the election.

Fraternally,

David Kessinger
Distribution Courier, Kaiser Permanente
Senior Union Steward & Candidate for Chief Financial Officer, OPEIU, Local 30

Donald Murphey
Hospital Unit Clerk, Kaiser Permanente
Union Steward & Candidate for President, OPEIU, Local 30

Dustin Teske
Distribution Courier, Kaiser Permanente
Union Steward & Candidate for the Executive Board, OPEIU, Local 30