CASE 0:17-cv-04753-WMW-LIB Document 1 Filed 10/20/17 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA UNITED STEEL, PAPER & FORESTRY, Civil Action No.: RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL & SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO CLC, Plaintiff, COMPLAINT v. ESSENTIA HEALTH, Defendant. PLAINTIFF United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO CLC ( USW, by and through counsel, commences this action in aid of arbitration. JURISDICTION 1. This action is brought under Section 301 of the Labor Management Relations Act, 29 U.S.C. 185(a. VENUE AND PARTIES 2. The USW is a labor organization engaged in representing employees throughout the country, including in Minnesota. 3. Essentia is a corporation doing business in Minnesota. 4. The USW, on behalf of its Local Unions Nos. 9460 and 9349 ( Local 9460 and Local 9349, collectively Union, and Essentia are parties to collective bargaining agreements ( CBAs governing terms and conditions of employment for employees at 11 locations in and
CASE 0:17-cv-04753-WMW-LIB Document 1 Filed 10/20/17 Page 2 of 4 around Duluth, Minnesota. Locals 9460 and 9349 are amalgamated local unions composed of multiple units, each representing employees at a single location. CLAIMS 5. All of the CBAs between Essentia and USW contain identical grievance and arbitration provisions that define a grievance as any claim by the Union or the Employer, alleging a violation of a specific contract provision or adherence to the terms and provisions of this Agreement. 6. All of the CBAs contain recognition clauses that state Essentia recognizes the Union as the bargaining representative for certain employees. 7. All of the CBAs contain similar or identical management rights provisions that allow Essentia to make, enforce, and alter, from time to time, reasonable rules, policies, and regulations and to require employees to observe these Employer rules, regulations, and policies. 8. In early September 2017, Essentia announced that it will require all employees, including those who have no patient contact, to be vaccinated against influenza ( flu. The new policy allows only very limited medical and religious exemptions. Essentia has stated that all employees who are not vaccinated by November 10, 2017 will be terminated on November 20. 9. Essentia has met with the USW regarding the mandatory vaccination policy, but has not engaged in meaningful bargaining. Essentia has refused to extend the vaccination deadline to allow time for bargaining. 10. On September 29, 2017, Locals 9460 and 9349 filed a grievance challenging Essentia s unilateral implementation of the mandatory vaccination policy. The Union believes that the policy is not reasonable within the meaning of the management rights provisions and, therefore, cannot be implemented without bargaining. 2
CASE 0:17-cv-04753-WMW-LIB Document 1 Filed 10/20/17 Page 3 of 4 11. Essentia continues to warn employees that they will be terminated if they do not receive a flu shot. Essentia has been meeting with employees in groups and publicly shaming those who have not received the vaccine. 12. Several USW members have medical conditions or religious beliefs that make it impossible for them to receive the vaccine, yet Essentia has denied their exemption requests. Others have valid personal objections to the vaccine that do not fit within any recognized exemption category. 13. Members have been calling the Local 9460 office, expressing their opposition to the vaccination requirement and asking what the Union can do about it. They wonder what other bodily invasions Essentia could require if the new vaccination requirement continues. 14. The USW and the Locals believe they will lose members if they cannot effectively bargain a reasonable influenza control policy that does not require an across-theboard injectable vaccine. 15. The USW has a high probability of success on the merits of its grievance and has stated a colorable claim for violation of the parties CBAs. 16. Once a vaccine has been given, it cannot be removed from the recipient s body. 17. If employees refuse the vaccine, the USW and the Locals will lose members. 18. The USW and the Locals are already losing the support of their members because they are unable to bargain effectively over Essentia s extremely invasive vaccination policy. 19. The USW has no adequate remedy at law as a consequence. 20. In the absence of an injunction, greater harm will be inflicted upon the USW and its members than would be imposed on Essentia by granting the requested relief. 3
CASE 0:17-cv-04753-WMW-LIB Document 1 Filed 10/20/17 Page 4 of 4 21. The granting of an injunction will favor the public interest in the peaceful resolution of labor disputes. Wherefore, the USW requests that the Court enter an injunction restraining Defendant from implementing its influenza vaccination requirement until there is a decision by an arbitrator on the pending grievance, and that the Court grant such further relief as is just and appropriate, including without limitation reasonable attorneys fees and litigation costs. Dated: October 20, 2017 CUMMINS & CUMMINS, LLP /s/justin D. Cummins Brendan D. Cummins, #276236 Justin D. Cummins, #276248 1245 International Centre 920 Second Avenue South Minneapolis, MN 55402 612.465.0108 brendan@cummins-law.com justin@cummins-law.com ATTORNEYS FOR PLAINTIFF 4
JS 44 (Rev. 06/17 CASE 0:17-cv-04753-WMW-LIB Document 1-1 Filed 10/20/17 Page 1 of 1 CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM. I. (a PLAINTIFFS DEFENDANTS UNITED STEEL, PAPER & FORESTRY, RUBBER, MANUFACTURING, ESSENTIAL HEALTH ENERGY, ALLIED INDUSTRIAL & SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO CLC (b County of Residence of First Listed Plaintiff HENNEPIN, MN County of Residence of First Listed Defendant ST. LOUIS, MN (EXCEPT IN U.S. PLAINTIFF CASES (IN U.S. PLAINTIFF CASES ONLY NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c Attorneys (Firm Name, Address, and Telephone Number Justin D. Cummins (#276248 Cummins & Cummins, LLP 1245 International Centre; 920 Second Avenue South Minneapolis, MN 55402, 612-465-0108 Attorneys (If Known Teresa O'Toole Chief Legal Officer Essentia Health Corporation Headquarters 502 E. Second Street, Duluth Minnesota, 55805 II. BASIS OF JURISDICTION (Place an X in One Box Only III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff (For Diversity Cases Only and One Box for Defendant 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III of Business In Another State IV. NATURE OF SUIT (Place an X in One Box Only Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country Click here for: Nature of Suit Code Descriptions. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and (Excludes Veterans 345 Marine Product Liability 840 Trademark Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff 490 Cable/Sat TV 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923 850 Securities/Commodities/ 190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g Exchange 195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g 891 Agricultural Acts 362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters Medical Malpractice Leave Act 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant 899 Administrative Procedure 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS Third Party Act/Review or Appeal of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of 290 All Other Real Property 445 Amer. w/disabilities - 535 Death Penalty IMMIGRATION State Statutes Employment Other: 462 Naturalization Application 446 Amer. w/disabilities - 540 Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an X in One Box Only 1 Original 2 Removed from Proceeding State Court VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S IF ANY DATE 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity: 29 U.S.C. 185(a Brief description of cause: Action in aid of arbitration. CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. (See instructions: JUDGE DEMAND $ SIGNATURE OF ATTORNEY OF RECORD 10/20/2017 /s/justin D. Cummins FOR OFFICE USE ONLY 6 Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File CHECK YES only if demanded in complaint: JURY DEMAND: Yes No DOCKET NUMBER RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE JS 44 Reverse (Rev. 06/17