Service Employees International Union, Local 121RN and Service Employees International Union United Healthcare Workers-West v. Healthcare Corporation of America

Filing 81

ORDER SETTING STATUS CONFERENCE (approving 80 ). A Status Conference is set for 9/10/2010 at 10:30 AM. Signed by Judge Jeremy Fogel on 8/16/2010. (jflc2, COURT STAFF) (Filed on 8/16/2010)

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Matthew J. Gauger, Bar No. 139785 Caren P. Sencer, Bar No. 233488 WEINBERG, ROGER & ROSENFELD A Professional Corporation 428 J Street, Suite 520 Sacramento, CA 95814 Telephone [phone] Facsimile: [phone] Attorneys for Plaintiffs Robert L. Ford, Bar No. 86920 F. Curt Kirschner, Jr., Bar No. 122502 Christopher T. Scanlan, Bar No. 211724 JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

**E-Filed 8/16/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 121 RN and SERVICE EMPLOYEES INTERNATIONAL UNION, UNITED HEALTHCARE WORKERS - WEST, Plaintiffs, v. LOS ROBLES REGIONAL MEDICAL CENTER et al., Defendants.

Case No. C-09-05065 JF JOINT STATUS REPORT 1 AND -----------------[PROPOSED] ORDER SETTING STATUS CONFERENCE Judge: Hon. Jeremy Fogel

Due to a clerical error, a separate statement by Plaintiffs only was filed as Docket #79. This document is intended as the correct joint statement and the prior separate statement should be disregarded.
SFI-630856v4 08/13/10 4:30 PM

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STATUS REPORT & [PROPOSED] ORDER RE SCHEDULING / C-09-05065 JF

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THE PARTIES HERETO, BY AND THROUGH THEIR AUTHORIZED COUNSEL OF RECORD, REPORT TO THE COURT AS FOLLOWS, PURSUANT TO THE COURT'S ORDER OF MAY 26, 2010: 1. Consistent with this Court's orders of November 17, 2009 and December

11, 2009, the parties' dispute was submitted to arbitration. The parties completed two days of hearing with mutually agreed Arbitrator Matthew Goldberg. Both parties rested their cases on February 3, 2010. 2. After receipt and review of post-hearing briefs by the parties, Arbitrator

Goldberg issued his Opinion and Award dated July 5, 2010. A true and complete copy of the same is annexed as Exhibit A. 3. The "Award" section of the Opinion and Award states, in full:

"The grievances are sustained in part and denied in part. The Employer's implementation and enforcement of its H1N1 and seasonal flu infection control policies at or near the beginning of December, 2009 was contrary to Articles 14.2, 42 and 102 of the Agreement. The Employer is ordered to meet and bargain with the Union in good faith to determine a mutually agreeable means of enforcing its policy without violating the provisions cited, and reducing the potential that the policy might have for discrimination and/or violation of the just cause provisions of the Contract. The Arbitrator retains jurisdiction for the purposes of implementation and/or interpretation." (Exhibit A, page 33.) 4. Position of Plaintiffs: Plaintiffs allege that the Defendants have not

complied with the Arbitrator's award. Although Plaintiffs have made demands to bargain as required by the Arbitrator's award, Defendants have failed to respond to the demands in any meaningful way. For that reason, Plaintiffs have advised Defendants that they intend to seek leave to file additional pleadings in this action, which would include a Petition to Confirm the Arbitrator's award. 5. Position of Defendants: Without expressing any opinion on the validity or

enforceability of the Arbitrator's award, Defendants deny Plaintiffs' allegations of noncompliance. (In any event, Defendants are prepared to comply as requested by the Union
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when they have proposals ready for the Union.) Defendants also submit that all relief sought in Plaintiff's complaint ­ an injunction pending arbitration ­ is now moot and that this action should therefore be dismissed. Defendants also note that Plaintiffs previously represented to this Court on two separate occasions that they expected to dismiss this action voluntarily after issuance of the Arbitrator's award. Defendants also note that any alleged noncompliance with the Arbitrator's award should in the first instance be addressed to the Arbitrator, who retained jurisdiction over disputes of interpretation and implementation; they note further that the parties had stipulated to the Arbitrator's jurisdiction at the beginning of the arbitration hearing. Defendants intend to file a motion to dismiss this action as moot if Plaintiffs will not reconsider their decision not to dismiss this case voluntarily. 6. In light of the foregoing, the parties jointly request that the Court set and

conduct a telephonic (or in the alternative, in-person) conference with counsel to address the issues addressed above and to set a schedule for any motions to amend the pleadings and/or to dismiss. Respectfully submitted, WEINBERG, ROGER & ROSENFELD A Professional Corporation /S/ Caren P. Sencer 2 Caren P. Sencer Attorneys for Plaintiffs By: JONES DAY By: /S/ Christopher T. Scanlan Christopher T. Scanlan Attorneys for Defendants

Counsel e-filing this joint status report represents that he has obtained Ms. Sencer's express permission to file this document on behalf of all parties.
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----------------- ORDER PROPOSED Based on the foregoing stipulations and representations, the Court makes the following order: 1. 10:30 am The court will conduct a status conference in this matter at ________ on

September 10 ---------- may -------- --- ------------______________, 2010. -[Counsel-------appear-by -telephone.]2. The parties may file written statements not to exceed three (3) pages each no later

than three (3) days before the status conference. IT IS SO ORDERED. 16 Dated: August ___, 2010. ____________________________ The Honorable Jeremy Fogel United States District Judge

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