August 11, 2006

Some of the 600 or so of you who have sent me your objection/challenge letter prior to my June 10, 2006 deadline have started receiving checks from UPTE. Most of these checks are for $15.75 based on your current maximum monthly payment to UPTE of $35 a month (this will increase to $40 a month in January). If you pay less than $35 a month to UPTE, your check will be proportionately less. This check only covers payment for three months (July through September) of the current objection/challenge period. You should receive additional checks amounting to $67.50 if you pay the monthly maximum.

UPTE admitted it made a mailing error in early July and sent a second notification asking for more objection/challenge letters to be delivered by August 11, 2006. About 90 or so people complied with the extended deadline. Those who sent objection/challenge letters based on the second deadline should receive their checks later.

I do keep records of payments so it is in your interest to let me know how much you have received along with the check number. If UPTE underpays you, you have only six months to file a charge with the state labor board. If UPTE has not made its first payment you by September 30, 2006, you should let me know.

If UPTE overpays you, like they did me, be careful. I was sent a check of $420 last week and I sent it back. Last year, they made overpayments to many people, and then made future reductions. I will render unto Caesar (or little Caesar as the case may be) what is his but I am wary of his Trojan horse.

I would like to point out the economic investment that people make by spending $0.39 to send me an objection/challenge letter. If you get back $0.68 you have received a 100% rate of return on your money. Can you deposit $0.39 in your bank and get back $67.50 within a year? Mull over that rate of return.

I'm sure that some of your coworkers may think that this is some sort of scam but why don't you help them out? Show them the checks you get from UPTE. Next year, when I ask for objection letters, don't just print one out for yourself, print extras for your coworkers. At times I have gotten envelopes with 5 to 10 objection letters. Encourage others to submit an objection letter. We had nearly 1000 letters sent this year, most of them through me, some have done this independently. Those who send the objection letters on their own had better keep records of their letters and proof that UPTE received them. I urge those who send them independently to send me their objection letters and let me handle it. I keep detailed records so if UPTE misses payments or underpays, there is convincing proof should charges have to be filed against UPTE.

Arbitration continues to be a source of amusement to me (I used to be disgusted, now I'm just amused with the arbitration process). There are still arbitration cases pending for those who have sent objection/challenge letters as long as 3 years ago. The machinations of those who seem to wish to avoid justice and those of their sycophants have borne little fruit. Let me run down the list of hearings.

Hearing for the 2002/2003 challenge. UPTE lawyers, their accountant and UPTE witnesses don't show up for the hearing. UPTE has a letter delivered on the day of the hearing requesting cancellation of the hearing. Motion denied, UPTE pays all the challengers over $400 each.

Hearing for the 2003/2004 challenge. Not yet finalized. UPTE begs the arbitrator to cancel the arbitration. Says it is willing to pay all challengers the full amount paid to UPTE for the period. Hasn't actually sent a check to any challenger, maybe the arbitrator will dismiss the case because the check's in the mail. In any case, the arbitrator in the 2002/2003 challenge ruled that full payment plus interest was not sufficient to dismiss the case. With conflicting arbitratorial decisions, case law and statutory law, this arbitration should be fine grist for the legal mill.

Hearing for the 2004/2005 challenge. Not signed sealed and delivered yet but a minor victory, all things considered. Over 400 objectors/challengers were paid from $300 to $450 all for sending a simple letter costing $0.37. The final disposition from the arbitrator will be case closed, unless there are one or more unpaid challengers.

Hearing for the 2005/2006 challenge. This hearing will be initiated when hell freezes over.

Hearing for the 2006/2007 challenge. This hearing will be initiated when hell thaws and then refreezes over.

I jest in regards to the last two hearings. I am expecting that UPTE will attempt to exclude me from these hearings. I see that the wheels of this injustice are already rolling. They successfully excluded me from the 2004/2005 hearing. This was pointless, I let them do so, I did not challenge my exclusion. What did they get for their trouble? Payment of about $160,000 to the other 400 people who challenged.

I believe that UPTE is afraid. Like any bully, they are glad to take on the weak, those who are uninformed about the law, the arbitration process, PERB Regulations and the requirements set down in Hudson and Beck. When faced with someone who has the resources and knowledge to fight back honorably and legally, it seems that they would rather pay that person all their fees back in an attempt to exclude them than to have to face them in a hearing.

I believe that we all should continue to press for justice. I have set up this web site so that all of you can be informed. My thoughts and ideas are within the realm of public domain. You can use them if you want to fight injustice. If we all continue to do so, those who deny and delay justice will feel the external and internal pressure and they will reluctantly be moved to do the right thing.

Werner