January 6, 2006.
Yes there is a new contract and we will get a raise after years of negotiations. No raise for last year and this contract is not nearly as good as UPTE portrays. Even some UPTE members including the Davis leadership believe that UPTE statewide leadership acted improperly and accepted a bad deal. The devil is in the details of the contract and a poignant analysis of it is on the web site http://www.upteucdavis.org/no_vote_2005.pdf.
What do I think about all this? The only way to really know what raise you get is to look at your paycheck after the bonuses and back pay. Look at your check in May or June of this coming year and see what the net increase in your pay is from your December check of this year. An increase of $100 or more in your net pay each month ($3 a day) would be fairly decent. Just remember to subtract any increase in what you pay to the union. I have heard that UPTE is planning to increase the amount you pay to them. As of now, you pay UPTE $420 a year if you make $30,000 a year so subtract $840 from your net pay for the last two years, add in your back pay and bonuses. Figure out the net for the whole four-year period by keeping your pay stubs. I'll be asking you in 2008 if you want to continue being represented by current UPTE leadership. That's the earliest time that we will be able to petition for decertification and hopefully hold a vote.
On the legal front, the California Public Employment Relations Board (PERB) has overturned the dismissal of about 200 charges against UPTE. The Board has ruled that about 200 complaints for violations of various PERB Regulations are valid and will be heard in a court of law. See PERB decision 1784H for the first three reversals at http://www.perb.ca.gov/decisionbank/recentdecisionsredir.aspx. The parade of reversals continues with PERB Decisions 1792H through 1803H. See the PERB website at http://www.perb.ca.gov/decisionbank/SearchResults.aspx for confirmation.
Several people have sent congratulations to me for a job well done, including those who carry real weight in legal, political and financial circles. Yes, I carry the water for now but I'm not a water boy. I expect that some day I may have to call on you and then you can put your money where your mouth is. For now, it is only me and my ragtag army of agency fee payers that carry the weight.
I fully expect that UPTE, through its lawyers, will continue its aggressive posture. I expect that they will try to attack as they have done before, once even filing a motion for me to pay attorneys fees for filing frivolous charges, a new version of an old tactic, the slap suit (a motion that was denied). I caution all of you who have filed charges to not speak to anyone other than me about any charge you have filed. I'm counting on the sycophants of UPTE to try to exploit any avenue of attack. If any of you receive a letter regarding anything concerning UPTE, let me know.
For those of you who are paying attention to the arbitration proceedings which is a separate issue from the PERB proceedings, there are three arbitration proceedings pending. The first is the arbitration for the period July 1, 2002 through June 30, 2003. Closing briefs in this case have been extended to January 30, 2006. In this case, UPTE and UPTE counsel did not bother to show up. They argue that since all objectors have been paid the full amount of agency fees for that period, the case is moot. Maybe, maybe not. I'm not going to concede anything in this case but he arbitration process has not been friendly to agency fee payers over the years. Even if a plaintiff cannot prove the case or should the plaintiff (UPTE) not show up, there are expert lawyers who can finagle their way to a favorable decision. Should they win this case, it will only be a pyrrhic victory with a great moral loss.
The second arbitration for the period July 1, 2003 through June 30, 2004 that hangs in the balance has been delayed innumerable times. The arbitrator in this case waits months to answer the simplest request. Does he know that UPTE cannot defend their Hudson notice without the appearance of their accountant? Mr. Levy, the former UPTE accountant did not show for the July 1, 2002 through June 30, 2003 hearing to vouch for his audit. I doubt that he will show up to vouch for the July 1, 2003 through June 30, 2004 audit.
The third arbitration that is in play is the arbitration for the July 1, 2004 through June 30, 2005 period. About 300 people are party to this arbitration. UPTE has conceded that many of these people were not listed as challengers nor were an unknown number not supplied with documents supporting UPTE/CWA calculations of chargeable and non-chargeable expenses. I cannot say whether or not this was intentional but the arbitrator in this case did reschedule the hearing, apparently due to grave concerns about due process. UPTE was ordered to post a copy of its Hudson notice on or before December 23, 2005 on its web site but I haven't seen it there. If you can't find it either, send a letter to Chris Carmardella (AAA, 6759 North Palm Ave, 2nd floor, Fresno CA 93704) telling the arbitrator that UPTE did not comply with this order. I appreciate all of you who have lit a fire under UPTE in this arbitration case by demanding your right to be heard and demanding all documents submitted in this case as is your right. I have very little faith in the arbitration process but this case will ultimately be in the hands of PERB, a body that has issued about 200 complaints in this case. Let the chips fall where they may in this case, we may prevail.
I look forward to the upcoming arbitration for the July 1, 2005 through June 30, 2006 period, an arbitration that has not yet been set. About 800 people are awaiting notification of the hearing from the American Arbitration Association. I hope they send it soon because according to the U.S. Supreme Court decision in Hudson, we are entitled to a prompt hearing. In my opinion, a hearing held two or more years after the request of UPTE /CWA hardly seems to be prompt.
Soon I will be asking you to send me your objection letter for the July 1, 2006 through June 30, 2007 period. It is important that you send it to me as soon as I provide you with the form letter that you can fill out. Last year about 20 people sent their letter too late for me to make copies and serve them on UPTE. These people did not get any money back from UPTE. If you have joined UPTE as a member, you are not eligible for the refund. You can quit if you have joined. Go to http://www.justvoteuc.org/Quit.pdf, fill out the form and submit it to your payroll department at your campus. You are a member if the deduction on your paycheck states UPTE HX, RX, or TX Dues. If it says UPTE HX, RX, or TX Fair or Agency Fees, you are not a member and are eligible for the refund.
I would like to thank all of those who have supported me over the years. Whether it was financial support, legal support or even a simple thank you, it all contributes to the growth of this organization. In the coming year, I hope that we will win the first set of 200 cases, returning tens of thousands of dollars that I believe were wrongly taken from charge filers and that the Board will place strict controls and oversight on UPTE. I hope that the second set of 200 or so dismissals will be overturned. I hope that thousands, not just hundreds of people will submit objection letters to get part of their money back denying UPTE tens of thousands of dollars to spread their political point of view, a view that many of you do not agree with. I hope that base of 20 or so people who started out with me in this organization which has now grown to hundreds continues to grow into the thousands. My hope will only be realized by your action. Don't sit on the sidelines or procrastinate. Answer my call to action when it comes and we will continue to get the justice due us, despite UPTE.
Werner