Challenging the misuse of the PERB 10% rule and defending the right to a democratic vote for senior technical and healthcare professionals.
In labor law, accretion is the process of adding unrepresented employees to an existing bargaining unit without holding an election. While it is typically intended for small groups of new employees, the process can be exploited to bypass democratic voting rights.
The University Professional and Technical Employees (UPTE) is a labor union representing over 22,000 technical, research, and healthcare professionals across the UC system.
The Public Employment Relations Board (PERB) is the quasi-judicial state agency charged with administering the collective bargaining statutes for California's public sector employees.
California Code of Regulations, Title 8, Section 32781 (e)(1) outlines the process for "Unit Modification." The "10% rule" loophole allows a union to add a group of unrepresented employees to an existing unit without a vote or proof of majority support, provided the new group is less than 10% of the existing unit's size.
Why is this bad? It completely strips employees of their agency. By targeting specialized, senior-level roles, unions can force thousands of unconsenting professionals into rank-and-file units. This not only bypasses the democratic voting process entirely, but it forces employees into representation they fundamentally disagree with, creating massive operational conflicts of interest.
Read the Regulation on Cornell Law →This regulatory loophole is being exploited to bypass democratic processes and forcibly accrete employees against their will.
Because UPTE has over 22,000 members, the 10% loophole allows them to force up to 2,200 unconsenting professionals into the union at a single time without holding a ballot.
Employees are stripped of their democratic choice. There is no election, no card check, and no official avenue for dissent.
The union is using this to "piecemeal" accrete senior-level roles (like System Administrators 4 & 5). Forcing these roles into a rank-and-file unit creates severe operational conflicts of interest.
Make your voice heard. Use the templates below to object to this undemocratic accretion process.
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A firm, professional letter stating formal opposition to the accretion process, citing the lack of democratic process, the conflict with leadership duties, and demanding removal from non-mandatory communications.
To UPTE Representatives: I am writing to formally state my strong objection to the current accretion efforts targeting my role. As a senior professional whose responsibilities routinely intersect with leadership duties, being forced into a rank-and-file union unit creates a severe operational conflict of interest. Furthermore, utilizing a procedural loophole (the PERB 10% rule) to bypass a democratic vote strips employees of their agency. Imposing union representation without an election or card check is fundamentally undemocratic. Please remove my name and contact information from your non-mandatory communication lists immediately. I do not consent to this representation, nor to the circumvention of my democratic right to choose. Sincerely, [Your Name] [Your Job Title] [Your Department] [Your Email Address] [Your Phone Number]
Urge the Governor to investigate the PERB board's oversight of Regulation 32781(e)(1) and the loophole allowing massive accretions without a vote.
Dear Governor [Governor's Last Name], I am writing to urgently request your attention to a concerning oversight failure by the Public Employment Relations Board (PERB) regarding California Code of Regulations, Title 8, Section 32781(e)(1). Currently, the "10% rule" is being weaponized by unions like UPTE (University Professional and Technical Employees) within the UC system. This loophole allows the union—which boasts over 22,000 members—to force up to 2,200 unrepresented professionals into its ranks simultaneously without a single ballot cast, no card check, and no official avenue for employees to opt-out. By targeting senior technical and pseudo-leadership roles, this misuse of regulations is not only an egregious denial of our democratic right to self-determination, but it also establishes devastating operational conflicts of interest across university departments. I urge you to investigate the PERB board's administration of this policy and champion necessary legislative or executive reforms that protect employee agency and restore the requirement for a democratic vote in representation matters. Respectfully, [Your Name] [Your Email Address] [Your Phone Number] [Your Address] [Your City, State, ZIP]
A constituent letter urging legislative oversight of the 10% rule and highlighting its weaponization against senior IT and healthcare staff.
Dear Assemblymember [Assemblymember's Last Name], As your constituent, I am bringing a crisis of state-level oversight to your attention regarding California Regulation 32781(e)(1), managed by PERB. A regulatory loophole known as the "10% rule" is being actively exploited to bypass the democratic process. Unions like UPTE are currently using this rule to force thousands of unconsenting senior technical, IT, and healthcare professionals into their bargaining units without an election or majority proof. Because of the size of the existing unit, the 10% allowance equates to thousands of constituents being stripped of their choice. Additionally, many of the targeted roles function in a leadership capacity, making their forced inclusion in a rank-and-file unit a severe conflict of interest. I am asking you to exercise legislative oversight regarding this regulation and support changes that guarantee a mandatory, democratic vote for any employee facing accretion into a bargaining unit. Thank you for your leadership and dedication to the democratic rights of California workers. Sincerely, [Your Name] [Your Email Address] [Your Phone Number] [Your Address] [Your City, State, ZIP]
Similar to the Assembly letter, tailored for State Senators, emphasizing the denial of democratic choice.
Dear Senator [Senator's Last Name], I am writing to you as a concerned constituent and a professional facing the forced loss of my workplace representation rights. I urge you to address the exploitation of the "10% rule" under California Regulation 32781(e)(1). Currently, PERB rules allow labor unions, specifically UPTE, to use their massive existing membership size to completely bypass the democratic process. They can forcibly accrete up to 2,200 non-consenting professionals—including those in critical senior healthcare and IT infrastructure roles—into the union without providing any opportunity for an election or official dissent. This creates massive conflicts of interest in the workplace and outright denies professionals our right to self-determination. I strongly urge you to investigate the weaponization of the PERB unit modification rules and champion legislation that guarantees every state employee the right to a democratic vote prior to union representation. Thank you for protecting the rights and voices of your constituents. Sincerely, [Your Name] [Your Email Address] [Your Phone Number] [Your Address] [Your City, State, ZIP]