UPTE has once again taken money from many agency fee payers apparently in violation of the law. Some people know that UPTE cannot take the full amount of the fee without first advancing them the non chargeable portion (about 12% by UPTE's dubious calculations) if they have sent UPTE an objection letter. I told them what I would do about this. I would write up a Request for Injunctive Relief and an Unfair Practice Charge and file it with the California Public Employment Relations Board. I wrote up samples of both and a couple of people decided to file them with the Board.
I know that there are at least 600 more people who have filed objection letters with UPTE. I will provide all of you with a template that you can read and file if you wish. I encourage you to do so because I feel that this is the only way that you can defend your rights. I'll probably have all these mailings ready to go sometime in September. UPTE continues to be recalcitrant, refusing to change its attitude of contempt for the rights of the agency fee payers.
UPTE has a plan for dealing with the large number of objection letters this year. It's a terrible plan and some have concern that it will just cause UPTE to waste time, money and resources that could be better used. Like the old commercial says "you can pay me now, or you can pay me later". My friend Wade told me that most lawyers like work and some allow their clients to act foolishly so they can reap the rewards of lengthy legal proceedings.Some people asked me if I planned to attend the August 11 meeting of PERB. They wanted me to voice their concerns about UPTE's practices. Unfortunately, I did not have the money to spare. These people would have given me some or all of the money owed to them by UPTE so I could speak to the Board, but UPTE did not issue its advance reduction so they were unable to. Free speech is not always free. The free riders of the Union can always afford to go to Sacramento to lobby, partly on the agency fee payers dime.UPTE is not the only union that has been charged with Unfair Practices against agency fee payers. I have spoken with agency fee payers represented by AFSCME, CTA, CSEA and CNA and they all tell me pretty much the same story. I encouraged them to spread the word to their coworkers and organize into a common voice, much like I have done. I am happy to provide what assistance I can to agency fee payers from these or other unions.
The Board has not yet dealt with most of the charges against UPTE on appeal. I am sure that they are hard pressed to deal with the approximately 300 or so cases. In addition, there will be a new set of over 50 appeals and several hundred new charges. I empathize with the Board and its employees but this is the only practical avenue of relief that the agency fee payers have. I'm sure that the Board would not deny justice to agency fee payers who have legitimate grievances. Perhaps the Board will one day grant relief to the agency fee payers in such a fashion that UPTE or any other union would never again dare to violate their rights.
Some of you may get the monthly rag or newsletter tha CWA puts out. The July 2005 issue had a piece on page 3 about the UPTE strike. This rag claimed that "more than 3000 workers participated in the strike". My contacts at the various campuses reported to me and let me tell you, they were lucky to have had 300 strikers systemwide. If this was not a typographical error, this is just a preposterous claim. Those of you who saw the strikers at your campuses have an inkling of the truth.
Finally, I ask all of you to continue to contact your friends and coworkers. Let them know about this web site. Tell them they can recover a portion of their fees that they pay to the union. If we persevere, we can get justice for all. Werner