July 25, 2009

We have sent UPTE the objection letters of close to 1,000 UPTE agency fee payers for the 2009/2010 objection period. This will provide about $50,000 to those people represented by the union who did not join or quit the union and sent their objection letter to the union. I must admit that I got a bit lazy this year and did not work very hard to contact all 11,000 or so UPTE represented employees of their right to get back money from the union. I hope to do better at UCSD next year and set up a network of personal contacts at all the other UC campuses but I do have a life outside of this endeavor.

The arbitration decision for the 2008/2009 period is in and it is pretty much what I expected. The arbitrator determined that UPTE could not charge us for its organizing activities so all challengers are due an additional 1.07% within 60 days of the signed decision of July 15, 2009. It's only about $0.50 more but there is an important principle involved here. UPTE cannot use any of your money or mine to extol the benefits of unionization to UC workers not represented by UPTE. This is what the U.S, Supreme Court has ruled to be "forced speech", that is, using non-members money to propagandize for the union. The union tried charge about $56,000 to objectors/challengers for organizing expenses and they lost.

I have no idea why UPTE wanted to do something so foolish, perhaps it's on the advice of their lawyers and accountants. Now they have to go to the trouble of issuing about 900 checks within 60 days. Incredibly stupid because I figure that it will cost more to process and issue these checks than they're worth. No problem for their lawyers and accountants because I'm sure they've already been paid. I expect a check for my 50 cents within 60 days. If not, I'll take appropriate action and anyone of the other challengers can too. I'll fight doggedly, not for the money, but for the principle and not just for myself.

Now we can look forward to a new hearing next year based on UPTE's latest Hudson notice. I see some very interesting things in this. UPTE has thrown us a very small bone, increasing the percentage that they return to us from 8.5% to 9.6%. A far cry from the greater than the 20% returned in previous years but there are still questionable calculations, documents and other points of contention in what they offer. They even have the gall to try and charge once again for organizing expenses after losing this argument twice in a row.

It is my opinion that UPTE's intransigence is based on a combination of factors. UPTE has denied any wrongdoing in hundreds of cases but what has this accomplished for them when they read their bottom line? How many more years of negative balance sheets can they withstand? Perhaps someone can explain to them what doubts as an ongoing concern by an accountant means. How many times will CWA bail them out, especially after there was a "dispute" with CWA regarding credits, costing UPTE a nice chunk of change? One more big financial hit could put them under. If these people think very carefully, they will see that it is in their interest to talk, compromise, settle and then their problems with agency fee payers could go away.

Many people have asked me how the current California budget crisis will affect UPTE represented members. As you may know, the UC Regents have voted to impose furloughs and pay cuts for some UC workers. The Regents seem reluctant to impose these cuts on union represented members and I believe that there is good reason for this. I discussed this with my lawyer friend.

Wages for union represented people are subject to bargaining agreements and if the Regents unilaterally reduce wages, they are in for a nasty legal fight that they will likely lose. The outcome could be that not only do they have to return any cuts in salaries, with interest, but possible payment of legal fees.

That's the good news, but there is bad news. If the union does not agree to no raises or possibly pay cuts for the next contract, the University will likely layoff union represented workers. UPTE's president stated in an e-bulletin (http://www.upte.org/publication-ebulletin/index.html) that the University cannot unilaterally implement layoffs for represented employees. I don't believe that this is true and correct so if you have been laid off since July 1, 2008 (date of expiration of the last contract) or are laid off in the future, let me know. We've read the last contract and we see no article in that contract prohibiting the University from imposing layoffs on UPTE represented employees. Perhaps we can find out if the UPTE president is giving false hope to union members.

UPTE can go on strike if they want to but this, in my opinion, would only help the University. Every day that UPTE is on strike the University pays at least $750,000 less in salaries by my calculations. Since only about half of UPTE represented people are members, the rest would rather go to work to get their days pay. UC doesn't need all workers to show up every day, a strike is equivalent to a furlough, the very thing that the University is doing to cut costs. Then the University doesn't have to furlough UPTE members, they are furloughing themselves. If other unions want to go on strike too, the cost savings to the university could amount to several millions of dollars a day with minimal impact to University operations.

A one day, one week or even one month UPTE strike would not significantly impact University operations. Three months or six months on strike would have a big impact but how many of you (besides me) can go this amount of time without income? Besides, as an agency fee payer, I'm not required to go on strike. A nine month to twelve month strike could cripple UC but then we're talking about extreme stupidity from both sides. If UPTE calls for a strike vote, I'd counsel their members not to be stupid. If it is presented as a one day strike to make a public relations point, make sure it is only one day that you are authorizing. If you vote for a strike without an end date, you may be begging for handouts in a soup kitchen for some time.

In any case, UPTE continues to take money out of your paycheck and mine (to the tune of $540 per year in my case). That amounts to about $5,000,000 per year for UPTE and what are you and I getting out of this? No systemwide raises for almost two years now for RX and TX people. The scepter of pay cuts and layoffs on the horizon.

I can't help this battle between these parties. But I can help you to get back some of the money that you pay to UPTE for nothing. If you are not a union member, I can help you get back part of the money UPTE takes from your paycheck. If you are union member and have the union fee deducted from your paycheck, I can help you quit the union so you can get back part of your money.

Werner