November 22, 2006

In what seems to many as a surprising development, UPTE has represented, through their attorney, Robert Remar of Leonard Carder LLP, that they have decided to pay about 700 challengers for the 2005/2006 period the full amount of fees that they paid. Apparently, UPTE would rather pay about $300,000 than to engage in an arbitration hearing in which they have to prove that their calculations and allocations of the fee are truthful and correct.

UPTE apparently sent a letter on October 25, 2006 telling the arbitrator that all challengers for the period would be paid. The arbitrator asked for evidence that checks were sent by December 8 and if he receives such, he will cancel the hearing. He also wanted proof that the challengers fees were held in escrow.

He did not think to ask the challengers if they were actually paid. I would have vigorously objected if the arbitrator canceled the hearing or excluded me on a representation that the check is in the mail. A few people have reported to me that they have received their check but I won't rest until all challengers get what is owed them. If you do receive a check, I'd appreciate a donation so that I may continue my good works on behalf of all of those who disagree with union policies. I put in a lot of effort to ensure that everyone gets the justice that they deserve.

I am not that surprised that UPTE has apparently folded so easily but I advise you to trust their word only after you receive a check. My sources have told me that the UPTE accountant was going to be a no show for the hearing. If the accountant does not show up to testify as to the veracity and authenticity of UPTE chargeable and non chargeable expenses, the document that he allegedly produced could not be introduced into evidence in a fair hearing. If the UPTE accountant fails to show at a hearing that I am part of, I would make a motion to strike (that's legal parlance) the schedule of Allocation Between Chargeable and Non Chargeable Expense. No body, no case as the saying goes.

I was officially excluded from attending the arbitration hearing for the 2005/2006 challenge. This is not at all surprising. I ask too many difficult questions, make reasonable demands for justice and to quote my personal legal advisor "I wouldn't want to face you in a hearing, you're a pain in the ass that exposes my client to a heavy potential liability. I thank God that this is arbitration, not a real court of law." Arbitrators are paid (albeit indirectly) by the union via the American Arbitration Association.

But there were others who had the courage, knowledge and were prepared to attend this hearing. I thank all of you from UCSF, UC Berkeley and UC Davis who were willing to stand up to be heard with the representation that was offered. You have played an important role in tipping the scales of justice in our favor. Without your participation, UPTE would have gotten a free ride, unquestioned. It's not over yet for this period and we have next year to look forward to.

This is the third year in a row that UPTE paid or says that it will pay all challengers the full amount of the fee that UPTE took out of their paychecks. A few of my friends who have had the persistence to follow through have received more than $1,200 from UPTE over the years and about 400 others have gotten about $400 each, most of them will get an additional $400 if UPTE actually makes the latest payment to all challengers. Now, about 700 of the 6,000 people who pay money to UPTE have followed my advice and stand to receive $400. Those who have listened to me have or stand to receive a total of almost $500,000 from UPTE. Get smart and send me your objection/challenge letter next year when I ask for it. All of this and the above concern the 2005/2006 objection period.

I'm glad to hear from so many of you who appreciate the fact that UPTE pays you $15.75 every three months for the 2006/2007 period. When UPTE raises the maximum monthly fee to $40 in 2007, UPTE will owe you $18 for three months if you pay the maximum. Most of you who have written an objection/challenge letter and sent it to me at the appropriate time have received what is owed you. For those of you who have not, you better get offa that thing and let me know. There is a limited time to file a complaint.

I seek to educate you as to why UPTE can take money from your paycheck without your consent, what they do with this money and how you can get back part of, if not all of this money. The wheels of justice move slowly so you may have to wait 2, 3 or maybe even 4 years. As the old maxim goes "patience is a virtue".

You might think that it's not worth your time or trouble to send me an objection/challenge letter when I ask for one next year. I submit that it's a great deal, spend 2 minutes and about 40 cents for about $70 back from the union. It's entirely possible that you may get back all the money that you pay to the union.

About 700 people did send me their objection/challenge letter this year for the 2006/2007 period. An unknown number of others sent their objection/challenge letter directly to UPTE. This means that UPTE had to return about $50,000. I doubt that there were more than 100 who sent objection/challenge letters in the first year, 2000. If all 6,000 people eligible sent a letter, UPTE would have to pay back about $400,000 and if UPTE does not prevail in arbitration or produce the accountant from their newest accounting firm from the Lindquist group out of Brea CA, the payout to all would be over $2,500,000. There is strength in numbers.

There is an interesting case to be heard by the United States Supreme Court that relates to the collection of agency fees. My friend, Milton Chapell from the NRTW Legal Foundation, is arguing the case before the court. If Mr. Chapell is successful, Washington State agency fee payers would not have to ask for their money back. It would force unions to get their permission to keep part of their money. This would only apply in Washington state but has broad implications in other states. The case outline can be found at http://www.supremecourtus.gov/qp/05-01657qp.pdf if you're interested in these sorts of things. Research it further if it interests you.

Some people accept the fact that once a union is voted in, they represent you, take your money and control you for life. It's a better job than a politician, when a politician dies, you can vote in a new one. A union never dies but it can be voted out. This time will come. Happy Thanksgiving.

Werner