November 28, 2007

It is now time for all of us who do not believe in this union to take action. This union can be voted out and if you are ready to take action, you can do this. We can force a vote on the ouster of UPTE as the representative of the RX (Research workers) unit by presenting the state labor board with petitions signed by 30% of UPTE represented Research workers. The state labor board will then hold what is called a decertification election. The union will then be voted out if a majority of UPTE represented Research workers vote for decertification.

The required number of petitions depends on how many people are UPTE represented Research workers. The number of Research workers employed by UC varies year to year. UC figures are not quite accurate, there may be as many as 4,600 or as few as 4,000. This means that we would need to present as many as 1,380 or as few as 1,200 signed petitions. I am hoping to gather 1,500 signed petitions. This would provide a margin of error far much greater than needed for people who sign then leave UC employment or those who sign in error. Do not sign if you are an HX or TX employee, your petition will not count.

If we do deliver signed petitions of 30% or more of UPTE RX employees, I believe that UPTE will be voted out. I doubt that UPTE can muster more than 30% of its members to vote for them and there are more RX non members than UPTE members at my last count.

I do need the help of anyone and everyone who has received back money as a result of my efforts. Apathy, not UPTE is the greatest obstacle. I will continue to email you and if that is not enough to make you stand up and deliver, I will phone you, mail you a petition to sign and even pay you a visit personally. I have a good case to make for the ouster of UPTE if you will only listen, that is all I ask.

You could have received a larger net raise in your paycheck if you were not represented by UPTE. Look at my comparison of UC non represented employee raises versus UC UPTE RX represented employee raises for the life of the current UPTE contract. If you think that you receive better health care, vacation, time off, retirement or pension benefits that those represented by UPTE, check with your non represented coworkers (excluding management), they receive the same as you do.

Yes, we did lose our case in the arbitration hearing for 2006/2007. If I thought that this hearing had any real meaning, I would have asked my lawyer and expert witness accountant to appear (these good friends don't charge you or me any money).

Arbitration is what it is, UPTE pays for the hearing and the arbitrators fees. A couple of years ago, neither UPTE or its lawyers attended the hearing, presented no witnesses and the arbitrator ruled in favor of UPTE. You don't need to be a weatherman to know which way the wind blows. But in that case, UPTE paid all challengers about $400 without making any admission of wrongdoing, similar to what greedy corporations do when they are challenged. We were all glad to take the money and run. After that year, UPTE paid challengers about $200,000 and $400,000 successively in lieu of appearing. Again, no admission of wrongdoing, does this story sound familiar?

The point I wish to make here is that one should never give up if one feels that they have been unjustly treated by the union/arbitration system. You are all free to object, challenge and file complaints such as my friends and I have. All legitimate objectors/challengers have received money back from UPTE. Our victories have been few but meaningful and there is nothing better than achieving a small measure of justice from UPTE and those who would shill for them.

Werner