Many of you have finally gotten some of the money that was to be paid on August 1, 2005 by UPTE. Better late than never, checks were dated October 7 but some people did not get theirs until the end of October. This applies to you only if you have sent an objection letter to UPTE on or before July 30, 2005. Over 600 of you sent me your objection letter before July 26 and I forwarded these to UPTE. The important thing is that I had proof that you sent the letter. UPTE did not comply with the established regulations and precedents. Last year many of you who filed an Unfair Practice Charge over a three month delay of the union Hudson (Agency Fee) notice received a check for the full amount that you paid UPTE for three months. A few of those who filed charges never received anything. Those who did not file a charge did not receive this full three month refund. The lesson to be learned from last year is that UPTE will only reluctantly pay people, even those who file a charge.

This year UPTE again is being less than straightforward in it's actions. Several people at UCSD had their checks mailed to zip code 92093-5400 even though their objection letter has their correct 4 digit add on. 5400 is the general mail code for UCSD and UCSD mail services returned these to UPTE. UPTE can then claim it has sent the checks and too bad, they were returned to UPTE.

UPTE is beginning to send checks titled November 2005 Hudson Rebate. Earlier checks were for the period July through September and a single check for October. The amount that I and several others received was not just for the month of November, it reflects the amount for the balance of the year. You decide for yourself if this is not deceptive. In my view, UPTE is no different than the corporations that the unions always accuse of mistreating workers.

What amount do they truly owe you? UPTE says they will refund 15% but their calculations show only 11.82% non-chargeable. You will have to determine the amount you paid each month, keep a record of what you have received and calculate if they are current with their payments. Do not use the 15% figure, I believe that this is only a ruse to be brought up in arbitration. Technically, they only owe you 11.82% of what you will pay for the period July1, 2005 through June 30, 2006.

I have received $15.90 ($0.15 was interest) on about October 18 and $35 on December 1. I pay the maximum to UPTE ($35 a month) so for the twelve month period I pay $420. UPTE owes me $420 x .1182 or $49.64. If UPTE rounds it of to 12%, UPTE owed me $50.40. If they are rounding it off to 15%, they owe me more but I certainly am never going to depend on the largesse of UPTE. You should make your own calculation to find out if you were paid all that is due you. This is why I ask you to keep copies of checks that UPTE sends you. If you have not been paid the correct amount, let me know, you may be able to file a charge and get what is owed you.

This year, they sent most of you money after a number of people filed charges. They included a letter that a few of you interpreted as a threat. Do not be concerned with this. The letter states that you are forfeiting your membership rights and benefits in return for you not paying the non-chargeable portion of monthly fair share fees. You have not given up the right to receive any raise that UPTE members receive (if and ever when UPTE finally gets a raise for members and non members alike). You do give up your right to vote for the current president of UPTE who generally wins with about 95% of the vote. You do give up your right to vote for the contract which is generally ratified with about 90% of the vote.

There will be an arbitration hearing held. You are not required to attend, hire an attorney or pay any costs of the arbitration if you sent an objection letter. UPTE is required to provide the American Arbitration Association (AAA) with a list of all challengers. UPTE and CWA are required to provide every challenger with all documents submitted in the course of the arbitration. I did not keep a complete list of last years' challengers but it seems that many of them did not receive the 100 page submission of CWA. This year I have the challenge letters of over 600 people and I will be checking to see if UPTE, CWA and AAA play by the rules. It is important that you keep up with developments and file a complaint if you wish with the appropriate authority when any of these entities denies you your rights.

I just received some good news today. The California Public Employment Relations Board has overturned the dismissal of last years' charges concerning the late Agency Fee notice in three cases on appeal. There are over two hundred identical cases on appeal and I expect that the Board will be consistent and overturn dismissals in all of the other cases. UPTE will then be faced with over two hundred complaints issued by the Board. It is a small step on the road to justice. When a complaint is issued it means that there is enough credible evidence to bring these cases to trial. I cannot say if we will prevail, that is up to the judge.

This coming year I will again send your objection letters to UPTE. I will provide you with the form letter that you can send to me. I will have a record of your letter and proof that it was sent to and received by UPTE. I fully expect them to reduce the amount that they claim they owe you. But as more of you request the advance reduction, it leaves less money for UPTE to spend on political speech that you may not agree with.

Will UPTE ever negotiate a raise for members and non-members? What good has UPTE done for you? No new contract last year, no new contract this year, keep waiting and see if you do better than the administrative professionals. If UPTE makes claims of how well it has done, remember that there are two sides to every story, check for yourself to find out the truth.

Enjoy the up to $50 you have gotten back from UPTE if you sent me your objection letter this year. I've worked very hard to see that many of you receive justice. If you would like to support my work, I would appreciate a contribution.