Just Vote Newsletter No. 29

September 1, 2008

There are three topics of interest for those of you who unwillingly pay agency fees to UPTE. The return of a portion of the fees that you pay to UPTE during the 2008/2009 period, arbitration of fees that you've paid for the 2007/2008 period and the move to get rid of UPTE as a union representing the RX (Research Workers) unit.

For those of you who have sent me an objection/challenge letter for the 2008/2009 period, your letters were served on UPTE before the July 1, 2008 deadline. However, UPTE has not yet sent anyone a check to my knowledge. It appears that UPTE is following its usual procedure of delaying payment until about October. Whether or not this action is legal is a question for lawyers and judges to determine.

For those of you who objected and challenged for the 2007/2008 period, the arbitration hearing concerning your challenge to the pitiful amount UPTE has sent you for the year has concluded. A decision will be handed down in a few months. My position is that UPTE owes me about $400 more for that period, I suspect that UPTE will argue that I have been paid fully.

This was one of the most informative hearings that I ever attended. I believe that I presented a very good case. According to the California Bar Association information, the CWA lawyer was not even licensed to practice law in California but the arbitrator let him represent CWA. Does this mean that I will prevail in this case? I give no guarantee, that is up to the arbitrator. However, cases filed in arbitration do not always lead to easy solutions.

Bad news on our drive to get enough signatures to force a vote to oust UPTE as the RX (Research Workers) unit. We have fallen several hundred petitions short of the required number of petitions to force a vote. Most of you who send objection letters every year to get money back sent one and we picked up a few hundred others through word of mouth or direct mailings but it was not enough. Our information was that there were about 4,800 RX employees. We needed petitions from 30% or about 1,450.

I had hopes that we could do this but with only a few thousand dollars of my own money to spend, I was doubtful. However, this encouraged, rather than discouraged me. If we can get close with limited funding, who knows what will happen when I win the lottery?

Well, I'm not banking on this because there is another way. We all should continue to tell people about the advantages of not joining the union or quitting the union. We not only get the same raises and benefits that union members get in the contract but we also get money back from the union by sending our objection letters (union members are not eligible for refunds).

I urge all of you to explain this to new hires in your department and to those who are union members but not union fanatics. People who do not join, send objection letters and get back money are a ready pool of those who will petition to vote out the union. We will have to wait until the next UPTE RX contract is near expiration which is typically three or four years. This gives us a lot of time to spread our message. I'll be doing more than my fair share in this endeavor, I ask you do what you can.