Kaiser NorCal Doctors Unionize with Overwhelming 99% NLRB Election

May 23, 2024

Following Kaiser Certification, 82% of All CA Residents Now Unionized With CIR

Oakland, CA — In a landmark victory, the resident and fellow physicians at Kaiser Permanente Northern California have won representation with the Committee of Interns and Residents (CIR/SEIU), making history as the first group of doctors in the system to unionize. With 99% of participating voters casting ballots in favor, residents will now join a supermajority of their colleagues in unions across the healthcare system, bringing the Northern California system one step closer to a fully unionized workforce.

Once certified by the National Labor Relations Board, their success will bring the total percentage of residents represented by CIR/SEIU in California up to 82%.

While the system prides itself on pushing healthcare innovation, Kaiser’s residents have frequently had their concerns inadequately addressed by the hospital administration. “When programs across Kaiser Northern California collected hundreds of signatures calling attention to our struggles with the region’s skyrocketing cost of living, many of our concerns were brushed aside,” said Dr. Apoorva Dharmadhikari, a second-year resident in internal medicine at Santa Clara. “With union representation, we don’t have to settle for silence. We can demand better for ourselves and our patients.”

Serving over 4.5 million patients across Northern California, Kaiser is one of the largest healthcare providers in the state, and the city of Oakland’s largest employer. Residents are the doctors that most patients interact with, regularly working over 80 hour weeks across multiple facilities. Despite this, they have had little say in decisions that directly impact patient care and working conditions.

Residents are excited to join their hospital colleagues with a seat at the table, and are looking forward to bargaining their first contract. “We were inspired by the achievements of our unionized colleagues at Kaiser and are excited to finally have a seat at the table to advocate for what we deserve,” said Dr. Ali Duffens, a third-year internal medicine resident in San Francisco. “Our system is only as good as the people who power it. When our doctors are able to thrive instead of scraping by, we can focus on providing the quality care our communities deserve.”

The Kaiser physicians are excited to join CIR, which has seen over 15,000 housestaff gain representation with CIR/SEIU since 2020. Their victory comes hot on the heels of over 1,000 UChicago residents, who won representation earlier this month.

“Our frontline workers understand that having a voice in how care is delivered improves patient outcomes and worker well-being. We look forward to uniting interns and residents with the 85,000 members of the Coalition of Kaiser Permanente Unions to use our collective voice to ensure that Kaiser Permanente remains the best place to work and receive care,” said Caroline Lucas, Executive Director of the Coalition of Kaiser Permanente Unions.

Residents also received widespread support from their community and political allies, including Assembly Member Liz Ortega. “As Chair of the Assembly Labor and Employment Committee, I congratulate the resident physicians at Kaiser NorCal who have voted to form their union with The Committee of Interns and Residents,” said Assembly Member Ortega. “Unionized healthcare leads to better patient outcomes, and now more than ever, we need to make sure we’re protecting our healthcare workforce. Congratulations to these young doctors and CIR-SEIU on a landslide victory.”

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The Committee of Interns and Residents (CIR) is the largest house staff union in the United States. A local of the Service Employees International Union (SEIU), representing over 33,000 resident physicians and fellows. Our members are dedicated to improving residency training and education, advancing patient care, and expanding healthcare access for our communities.

Understanding S.P.I.T.

What are the benefits of forming a union?

When we come together as housestaff, we have a unified voice for safe working conditions and better patient outcomes. This pandemic has demonstrated that having workplace representation is urgent and necessary. Thousands of residents across the country have organized union chapters and have won historic improvements for housestaff and patients through collective bargaining agreements.

What’s legal? What’s not?

The laws vary from state to state as well as the type of employer you are paid by – private or public.Generally, however, most laws give employees the right to act together to try and improve their working conditions, with or without a union.It is illegal for employees to be fired, suspended, or otherwise penalized for taking part in protected group activity.

Generally, it is illegal for employers to S.P.I.T.:

(Document any activity that may look like this)

Surveil

Administration and department leadership may not conduct unlawful surveillance of employees’ union activity. Identifying, tracking and surveillance of employee discussions about the union or union meetings is illegal.

Examples:

Supervisors cannot inquire about what goes on at union meetings, ask which employees attend the meeting, or even give the impression of such surveillance.

Promise

Administration and department leadership must not directly or indirectly promise any benefits or reward employees for refusing to sign a union card, or for voting against your union. They may not promise a wage increase or give preferential treatment in exchange for refraining from union activity. Encouraging employees to withdraw or repudiate union authorization cards is also unlawful. They may not solicit grievances about working conditions while expressly or impliedly promising corrections if residents do not form a union.

Examples:

“I can get you a job here or give you a good recommendation letter if you don’t get involved.”

Reminder: There is nothing holding management accountable to any promises they make and they do not have to follow through.

Interrogate

Administration and department leadership should not interrogate, or ask, any employee whether or not he or she favors the union, has signed a union card, or has gone to a union meeting.

You can always say you’re not comfortable answering their questions. Remember to ask whether they’ve talked to others, whether they know if they’re allowed to ask, and if they have concerns about residents forming a union and what they are.

Questions they may ask:

Have you heard of a union being formed? Are you involved? Have you been asked to sign a card? Do any of your colleagues have interest in forming a union? Who have you heard union talk from? Do you think you’ll join?

Threaten

Administration and program leadership must not threaten employees with harm or reprisals (economic or otherwise) if they decide to get involved with the union or sign a union card.

Examples:

Administration may not threaten to take away residency spots or current department benefits if the residents decide to form or join a union.

What can we do to protect ourselves?

Despite being generally protected, it is always a good idea to be extra careful:

Remember to be discrete and never seek advice or reveal to management/administration that you are considering unionizing
Refrain from using hospital property – both physical (printers, computers, phones) – and intellectual (email, paging/messaging systems) – in communicating regarding union matters
Be mindful of where and when you discuss unionization with your colleagues – being overheard talking about unions in the hospital “on company time” can be considered “solicitation,” so exercise caution and discretion
As long as you are using personal means of communication such as personal phones, emails, and only talking to other interns, residents, or fellows, the hospital cannot discipline you

Reminder: Forming a union is 100% our legal right and our vote is anonymous.

Kaiser NorCal Doctors Unionize with Overwhelming 99% NLRB Election

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