First District Court of Appeals Overturns Award of Campaign Costs

The First District Court of Appeals has issued its ruling in the appeal filed by Torren Colcord, President of NEMSA, against SEIU, Local 250 reversing the lower court’s ruling which awarded SEIU, Local 250 an amount in excess of $300,000 incurred by SEIU, Local 250 in a campaign to retain all paramedics statewide in their union. As addressed in another blog article, Torren Colcord and two other individuals organized a new union known as NEMSA that would be for the sole and singular purpose of representing paramedics, EMTs and other emergency service personnel statewide.

In short, the First District Court of Appeals found that an award of campaign costs is so speculative that it cannot be sustained by law and thus remanded this case back to the Alameda County Superior Court, more specifically Judge Wynne Carvill, to issue a new award that would strike the campaign costs and further suggested to the trial court that they reassess and examine their prior award of punitive damages in that the $300,000 plus underlying award could very well impact and/or potentially negate the punitive damages awarded in this case.

This was a case of paramount importance to all union employees and members in that it safeguards their right to create and select union representation without fear of economic ruin by way of an award of campaign costs to an international union such as Service Employees International Union, Local 250.

This appeal was brought and argued by the Evers Law Group on behalf of defendants Torren Colcord and Stacy Rutherford on February 22, 2008, in the California Court of Appeals, First District, First Division.

Posted by Geoff Evers at 10:18 AM | Permalink | TrackBacks (0) | Comments (0)

September 28, 2007

Judge awards union election costs to loser of election

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.

Posted by Geoff Evers at 1:44 PM | Permalink | TrackBacks (0) | Comments (0)

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April 18, 2008

First District Court of Appeals Overturns Award of Campaign Costs

September 28, 2007

Judge awards union election costs to loser of election