August 5, 2007

We will initiate our campaign to remove UPTE from representing all UC Research Workers (the RX unit) in late August. This will require that about 1,500 UPTE represented RX employees sign a petition calling for a vote to remove UPTE as their bargaining representative. In reality, we will need about 1,600 petitions to account for a margin of error for those who leave UC employment, are new hires, are reclassified or those who sign the petition in error (i.e. HX or TX employees).

No person or organization deserves lifetime control over you without a vote. This is not the American way. The Democratic and Republican Parties have to stand for election every two years but unlike the union, there is an election without having 30% of the eligible voters presenting a petition. But this is what we have to do to get a vote, otherwise we grant the union lifetime tenure.

This will not be an easy task for us. As usual, I will be the primary funding source and organizer of this effort. I pay a price for justice and gladly do so. However, my sole effort will not be enough. I will be asking many of you to do what you can. I don't need your money but if you want to help with a gift or donation, it will be greatly appreciated. I need you to believe in this cause and more importantly, I need you to take action. If you believe in your right to vote, I ask you to circulate the petition among your fellow RX workers. You will forfeit your opportunity to vote if you do not sign this petition.

We have made great strides in informing and educating UC employees of their rights to object and challenge UPTE this year. Over 1,000 people have sent objection/challenge letters for this period (July 1, 2007 thru June 30, 2008) as compared to about 560 objectors/challengers last year. UPTE will have to send checks to all of those who sent objection/challenge letters.

For each month beginning from July 2007 through December 2007, UPTE is obligated to send objectors $4.80 per month and from January 2007 through June 2008 UPTE must make payments of $5.40 per month for those of you who pay the maximum in fees to UPTE ($40 a month July thru December 2007, $45 a month form January thru June, 2008). The total payment for those who pay the maximum in fees should amount to $61.20. UPTE does not provide an advance refund as they should by law. If payment with interest does not come by the end of September, you can file a complaint with the California Public Employee Relations Board, asking for your refund with interest. I've already prepared my charge in case I need it and will provide a copy to anyone who desires it.

All challengers have the right to question this paltry refund and a hearing forcing UPTE to prove their case will be held in the future. Challengers are not required to attend the hearing, hire an attorney or do anything. I usually attend these hearings, make my case and let the chips fall where they may. UPTE paid all challengers the full amount of their fees for the 2003/2004, 2004/2005 and 2005/2006 periods but only after lengthy legal proceedings. I have plenty of time for these kinds of proceedings and while they don't always produce what I consider to be justice, I am well satisfied at the end results so far.

I did appear at the agency fee challenge for the 2006/2007 arbitration hearing. The hearing went down pretty much as I expected it would, there were no real surprises, even though at times it went much further over the top than I expected. UPTE requested the hearing, paid for the hearing, paid for the arbitrator and they got their moneys worth. Suffice it to say, I'm not holding my breath for the ruling.

However, the arbitrators' decision will not necessarily be the final word. The wheels of justice do not stop with his decision, arbitration is the lowest form of justice. How low? Don't even ask, I just might tell you the truth.

Werner