Greetings my friends, every year there are more of you. This year I have close to 700 friends who work at the University of California, represented or should I say misrepresented by UPTE. There have been very fruitful and interesting developments since I put out my last newsletter.
An Arbitration hearing was held in San Diego on September 19, 2005 regarding the collection of agency fees (Unfair or nee Fair Share fees) for the 2002-2003 objector period. I was there the Arbitrator was there but guess who didn't show up? The UPTE lawyer and her clients didn't show up for the hearing! Do you know what happens in a real court of law when you don't show up for a scheduled hearing without good cause? I believe that the legal term is contempt of court. But this is only arbitration, so the UPTE lawyer has no fear of being sanctioned for this contemptuous conduct. The UPTE lawyer in so many words (or lack of them) told the arbitrator "screw you, we can use the law to avoid judgement".
And use it they did. They sent a very embarrassed representative from CWA to carry their water. He presented a letter showing that UPTE sent checks to all five challengers for that period. They sent me my check on Saturday, two days before the hearing and I heard from others that they sent them their checks after the hearing. These checks (with interest), added to the previous refund amounted to about $50 more that we paid for that period. I don't know how these UPTE boys stay in business, they take out $420 and they pay $470. It's no wonder that they have lost hundred's of thousands of dollars in the last two years.The water boy from CWA demanded that the hearing be cancelled since UPTE paid off. The arbitrator refused this demand; she was quite troubled by the failure of UPTE to appear. A final ruling will be issued sometime in January but no matter what the ruling, we have received a modicum of justice and I sense the fear and trepidation of those who are on the side of injustice. UPTE actions in the arbitration of 2002-2003 represent serious ramifications for the future. You can bet they won't show up for the 2003-2004 hearing either. Their previous accountant won't testify for them. They fear any serious challenge would make them pay millions. They already paid me for the 2004-2005 hearings and have gotten the Arbitrator to exclude me as a participant. UPTE is happy to have those who have little or no knowledge of the law or accounting attend the hearing.UPTE has not paid anyone of the 600 plus objectors the reduction in fees for the 2004-2005 objection period. I've mailed out the about 300 Unfair Labor Practice Charges for my friends to fill out and file. Another 300 will be going out in a week or two. I will send it to the objectors who sent me a copy of their objection letter. The Charges are filled out with most of the information required. All you need to do is provide one document and a couple of signatures. It is important that you file these charges. I had some people call last year about the refund and UPTE just gave them the runaround. One friend called three times in a two-month period. When they finally sent him money, it was only for half the year.
This is only the beginning of what promises to be a very busy year. There are four other charges that can be filed; I can handle 600 a month without too much trouble. It all depends on the decisions of the powers that be. If they want to show good faith, they can stop their delays, denials and machinations. If they want to engage in obfuscation of issues, obstreperousness in regards to the law and legal blather, I'll let them waste their time. UPTE only continues to shoot themselves in the foot. Their leadership would rather pay large sums of money for what is in my opinion bad legal advice than to use this money for getting us a raise. We will continue to pressure UPTE and their sycophants until we receive justice.
Speaking of raises, UPTE has been bargaining for almost two years. It is my understanding that some U.C. employees will be getting a raise in their November paychecks. Unfortunately, it will not be those represented by UPTE. The big problem for UPTE is that the proposed contract language does not allow that it's members be allowed to take the day off without penalty when any other U.C. union goes on strike. They frame this issue as a "freedom of speech" or an "expression of conscience" issue. My fellow UPTE coworkers are free to express their view as to the fairness of U.C. towards the janitors to me at any time. But when they take the day off, leaving me to pick up their slack, it's really not an issue of denial of free speech in my view, rather they want a paid holiday.
The bottom line on raises is that you are not getting one after more than a year of UPTE bargaining. And when they do finally get a raise, it will be minimal for most of you. Only special job titles will get special raises. My sources tell me that the raise UPTE is bargaining for will not be retroactive.You are free to agree or disagree with my position. If you agree with me, follow my lead, if not, you can send your money to UPTE in hope that they will improve your economic status. The choice is yours.
Werner