CASE STUDY

Wellstar Health System

  • Two decertification campaigns won 

  • Service Employees International Union (SEIU) defeated

  • 1000+ employees impacted

  • Medical team members at Wellstar Atlanta Medical Center left the SEIU

  • Medical team members at Wellstar South Fulton Medical Center Hospital left the SEIU

Vince Battaglia

CAMPAIGN TRIGGER

One thousand employees in the Wellstar Atlanta and South Fulton locations were represented by the Service Employees International Union (SEIU), a labor union representing 2 million workers in healthcare, public sector, and property services.

Because of an agreement reached with Tenet Healthcare, the previous owner of Wellstar, the Atlanta and South Fulton locations were locked out of a collective bargaining agreement that would increase their salaries and benefits. SEIU had negotiated a 3% fixed rate with Wellstar, but once the union took their 2%, employees were left with only a meager 1% annual salary increase. The union collected most of the negotiated raise through an increase in dues.

Wellstar employees also found themselves paying high union dues and receiving nothing in return, with little to no communication with union representatives. The employees were frustrated with the situation and felt defenseless in their efforts to create change.

ROAD TO DECERTIFICATION

Due to SEIU’s history of ignoring employee concerns, poor negotiations, and increased dues, many Wellstar Atlanta and Wellstar South Fulton employees expressed interest in decertifying SEIU. But with a lack of labor law knowledge and resources, Wellstar employees felt unprepared to begin the arduous task of organizing a decertification campaign.

Wellstar employee Vince Battaglia had just returned from deployment with the Georgia Guard, 1/108th Armor in Iraq’s Sunni Triangle, where he served as a medical platoon sergeant responsible for the medical care and wellbeing of over 1,200 soldiers. Unhappy with the union’s chokehold on Wellstar’s employees, Vince soon found himself at the center of organizing against the union and gathered others to join him in his mission to free Wellstar Atlanta and Wellstar South Fulton from SEIU.

A self-described lone wolf with no legal experience, Vince tried to go it alone – and was blocked by union misinformation and stall tactics at every turn. Then, he met Jimmy Edwards and the CIE team.

THE CIE DIFFERENCE

The team at CIE reached out to Vince and provided legal resources at no charge to him or his colleagues. CIE was the only organization with the willingness, experience, and unique qualifications to help the Wellstar employees in their fight to decertify the union.

CIE did 99% of the legwork in the Wellstar decertification case. The CIE team steered the entire process: determining proper filing periods, drafting a certification petition for employee signatures, and filing the petition with the National Labor Relations Board (NLRB). They translated the law into layman’s terms and ensured that the flow of communication remained open. Atlanta-based CIE attorney Michael A. Caldwell handled the Wellstar case. 

With more than a half-century of legal expertise in Employment and Labor Law, Mike’s involvement was invaluable. CIE armed Mike with research, information, and resources he would not have otherwise had access to. He met regularly with petitioners and served as a coach and advisor, providing wisdom on how to construct impactful arguments and how to hold important conversations with fellow employees. According to Vince, Mike was terrific and responsive and a first-class legal guide who helped the Wellstar case immensely. 

From the beginning, it was clear that CIE was equipped to fight the union giants and help people navigate a complex and stressful process. With CIE handling the bulk of the casework, Vince and his fellow petitioners were available to speak with fellow employees and post fliers about decertification efforts.

OUTCOME

Thanks to CIE’s extensive knowledge, resources, and persistence, the bargaining units for Wellstar Atlanta and Wellstar South Fulton won their decertification case. The majority of employees voted against the union, therefore freeing each location from SEIU and removing the union as their exclusive bargaining representative. 

The results were big and immediate. Hundreds of hospital auxiliary staff – including secretaries, paramedics, EMTs, lab and x-ray techs, physical therapists, blood bank workers, maintenance staff, sterilization workers, central supply, and more – were granted a generous benefits package as compared to before, immediately increasing their salaries to the current going rate. 

The employees of Wellstar Atlanta and Wellstar South Fulton were officially and legally independent of SEIU control and no longer subject to the whims of the union. The positive results of these campaigns later led to the successful decertification of SEIU for Wellstar’s North Atlanta location.

After the election, several managers told me how this outcome changed hundreds of people’s lives. Now hardworking employees can afford a car instead of having to ride the bus. They can afford childcare while they work. We didn’t have the bandwidth to handle this case alone, but CIE does. If I had to do it all over again with CIE, I would in a heartbeat.
— Vince Battaglia, CIE Client & Case Petitioner
People are defenseless against unions, and they often don’t have the money or resources to handle the technical, overwhelming, and time-consuming decertification process. That’s where CIE comes in. Most labor lawyers work for companies and unions, but CIE works for the people.
— Michael A. Caldwell, CIE Attorney