July 21, 2006

Many people have now received the full amount of fees that they paid to the union for the July 1, 2004 to June 30, 2005 period. Those who filed Unfair Practice Charges and/or objection/challenge letters regarding the collection of these fees were, with my help, able to receive a full refund. It has been a long time coming but over 400 of you who followed my lead have finally received a measure of justice. If you are on the list to receive the refund (see settlement details) and do not get a check by July 31, let me know.

UPTE has belatedly sent out a 55 page booklet entitled "Annual Report and Audit" to some of you. Is this important? YES IT IS! They state on the back that the 30-day deadline for filing an objection is now August 11, 2006. It means that you can write the following letter (if you are not a member of the union) and receive back 15% of the fees that you will pay to UPTE during the July 1, 2006 to June 30, 2007 period but only if you have not already done so. If you challenge, an arbitration hearing will be set, a hearing that you are not required to attend. I show up with expert witnesses and if need be I can arrange for legal counsel. You may get lucky and the arbitrator may rule that you are entitled to more than 15%, after all, UPTE has the burden of proof, you don't. You can simply write the following:

Dear UPTE Agency Fee Administrator

"I am a California public employee at the University of California (YOUR CAMPUS) represented by UPTE-CWA Local 9119. I wish to object to paying the non-chargeable portion of the agency shop fees for the period July 1, 2006 through June 30, 2007. I also wish to challenge the calculation and allocation of these expenses."

Name:

Address:

Signature:

Do not delay or you will be left out. Send your letter to me by July 31 (see address below) and I will ensure that UPTE receives your letter. Just as importantly, I keep a copy of your letter and proof that it was sent. If you send it to UPTE yourself, chances are that you will not have this around six months later and if UPTE doesn't send you your check, no proof, no money.

I am very heartened by all the people who have thanked me and especially those who have made donations. Mike, in San Francisco who used most of his refund to buy things for his young children. Ana, from Los Angeles who really needed the money and apologized for only sending $30 (the apology wasn't necessary). Judith and John from Davis who were somewhat shocked and pleasantly surprised to get some justice. Kaizhi from Irvine who believed in me from the beginning. Ross and his friends from Riverside. Vernita from Santa Cruz. Shirley from Santa Barbara who gave me 10% of her surprise and suggested that everyone do the same. Jane, from Los Angeles and Leslie from Riverside who donated their entire checks of about $400 (some people are really generous). Dale, Rodney, Sandy, Catherine and Kathy from San Diego who have contributed hundreds over the years. Even Bruce and Lou, a couple of union members from San Diego who quit were kind enough to donate. I haven't the space to thank all of you in this newsletter but I hope that all of you are encouraged by this budding movement that I've created. If you wish to contribute, you can send a check made out to me or endorse your refund check to "Just Vote uc" and mail it to:

Just Vote uc

PO Box 26847

San Diego CA 92126

The arbitration hearings continue to be a source of amusement to me. All UPTE challengers for the 2002/2003 and 2004/2005 period were paid the full amount of their fees. Neither UPTE, CWA nor the American Arbitration Association seems very eager to proceed with the 2003/2004 or the 2005/2006 hearing. Arbitration, even that forced upon you by law, is touted to be quick and affordable. From my perspective, it has been anything but quick but at least for me it's affordable. I get back all the money I've paid to UPTE for a couple of years plus 7% interest, much better than I can do at my bank.

The message of truth and justice is now starting to be spread among UPTE members. At least a dozen have quit and asked for a partial refund of their dues. If you are a member and would like to quit, see Quit. Tell your coworkers who are union members that they can quit if they want to and receive back part of the money that they pay to the union. I have no animosity towards the union or the union members. I just feel that the members are being poorly served by the statewide leadership and we will take them to task when we believe their actions are unlawful and causing those whom they represent harm.

I will be holding a gathering at my house later this summer. Call it a celebration of justice party. Free pizza for all, details will follow.