Our latest Newsletter, Newsletter 42 is out. Click on this link to learn the latest news about our efforts. We've gotten back hundreds of thousands of dollars back from UPTE, money that won't be spent in support of politicians, lobbying politicians or wasted on things that do not go to help those represented by UPTE. For previous newsletters see Directory.
Just Vote uc is an Organization dedicated to educating, informing, fighting and remedying of any unfair and illegal practices by the University Professional and Technical Employees Union (UPTE). This organization was created by, is run by and supported by employees of the University of California represented by UPTE who disagree with the actions of the present union leadership.
We educate you on why you have to pay"Fair Share Fees" also known as Agency Fees if you choose not to be a union member. We instruct you on how to write an objection letter that forces UPTE to pay you some of your money back. Money that the union uses for political and lobbying purposes. Instead of paying an additional $80 or so that goes to aid politicians, you can force UPTE to give it to you instead so you can buy a week or two worth of groceries.
We tell you how to Quit the union if you made the mistake of joining and get back part of the money you pay to UPTE. More than 100 people have quit this union so far. We inform you of current developments with our newsletters . We fight back by filing charges with PERB. We fight the amount of the fee in arbitration hearings held by the AAA (American Arbitration Association). Contact us at werner@justvoteuc.org for details and we will be happy to answer your questions.
Most of you who sent me your objection letter in 2009 for the 2009/2010 period have received about $80 in payments from UPTE. UPTE initially paid us about $55, then admitted they made a "mistake, shipped out about another $25 and they're not off the hook yet for this year. I expect that we each will get at least $3 more and perhaps as much as $110 more if justice is truly served.
We have gotten a small measure of justice for some by our actions, we seek justice for all. We are not alone in this fight. A professional accountant from a nationally known accounting firm is providing his services to us pro bono. The National Right to Work Legal Defense Foundation NRTW has and will represent people at no cost in their legal fight and they were instrumental in achieving the settlement for the 2004/2005 period.
We won two major victories in the past. UPTE paid back the full amount of fees (about $160,000) that it collected from over 400 agency fee payers (non members who have to pay the union) as a result of a settlement agreement for the 2004/2005 period. See the settlement details for specifics and the list of those receiving about $300 to $400 each. Later in 2006, UPTE gave up on defending the collection of the 2005/2006 fees from those who challenged them. UPTE paid out about $300,000 to the 2005/2006 objectors/challengers. Well, not this amount to each challenger but about $400 to each one of the approximately 700 or so. Not a bad Christmas present for those of you who have listened to me.
I've looked through hundreds of California Public Employment Relations Board Decisions and I don't believe that any union in this state has been the subject of such a large number of individual complaints. UPTE complains that the University commits Unfair Practices but they are silent when it comes to posting complaints issued against them by the very people that they represent.
This web site has evolved, but we are not yet at the end game.
UC Systemwide Union Members as of January 2006 - 42%, Agency Fee Payers 58%. Those who will not join UPTE or have quit are in the majority.
Union membership by campus as of January 2006:
Berkeley - 50%, Davis - 35%, Irvine - 40%, Los Angeles - 37%, Merced - 15%, Riverside - 51%, Santa Barbara - 33%, Santa Cruz - 55%, San Diego - 47%, San Francisco - 48%
Union membership by unit as of January 2006:
RX - 36%, TX - 41%, HX - 55%
How can you help yourself?
Send us your objection letter and if you believe in this cause, a small monetary gift so that I can continue on and expand upon my previous work. When you get money back from UPTE, think of what I've done. Can you part with some of the money that you've gotten as a result of my efforts? I appreciate all of you who sign the UPTE checks with the notation under your signature "pay to JustVoteuc" and send them to me. If you want to keep the money for yourself, I can understand this. Unlike UPTE, I don't reach into your paycheck to deduct money every month. Have you gotten money from UPTE in prior years after I helped you?
How is this money be used? This web site is an example. I'm not a web designer, I hired one to teach me how to set up this simple site. I had to pay the University of California for the names and campus address of all UPTE represented employees and each year I have to pay more to update the list. I've traveled to every campus (except UCSB, a bit out of the way) to spread the word about UPTE Unfair Practices. It does cost me money to send you mailings, make copies, travel to Sacramento to represent your interests as agency fee payers, travel to Berkeley to attend arbitration hearings and represent people in Unfair Practice cases before the state labor board. I mailed out about 4000 petitions in self addressed stamped envelopes at the cost of about $1 each. Have you gotten money from UPTE in prior years after I helped you? Most of this money comes out of my pocket, I only ask for a little help, $5, $10 or one of your UPTE checks from each of you would go a long way.
If you think it's time for a change and want to support my efforts, mail a personal check to me at:
Werner Witke c/o JustVoteuc
P.O. Box 26847
San Diego CA 92126
I get numerous e-mails asking me how we can get rid of UPTE. The legal mechanism for this is called a decertification petition. It would take petitions from 30% of each represented unit (about 1,200 people from the RX unit for example) to hold a decertification vote. Why do I believe that UPTE should no longer represent us? This is a union ineffective in bargaining for raises, one that denies a voluntary wellness program to those it represents, one that is the subject of at least 250 complaints by the state. This union even abused it's own employees. You heard me right, UPTE paid about $1,000,000 to settle charges that it failed to pay overtime to it's own employees. My understanding is that UPTE tried to retaliate against the employees who filed suit by threatening to lay them off. A union so desperate to avoid justice, it has filed legal motions to exclude me from participating in arbitration, the lowest form of justice.
UPTE pays objectors, its' staff, lawyers and acountants tens if not hundreds of thousands of dollars yearly in defense of a losing proposition. I believe that they have gotten bad advice, formed a myopic pschycological defense mechanism that prevents them from even considering any accomodation. This is a mass movement for justice, a revolution that will not be televised. Come join the revolution!
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