San Diego, CA – The Freedom Foundation today filed a class-action lawsuit against the University Professional and Technical Employees (UPTE) on behalf of a university employee and other similarly situated individuals, accusing the union of sending a deceptive email to public employees in violation of California law.

The lawsuit centers around an email sent by UPTE to public employees, inviting them to vote on UPTE’s collective bargaining platform. The email fails to disclose, either in the subject line or the body, that by filling out the hyperlinked form, employees would inadvertently commit to union membership and agree to pay dues for a full year. 

The complaint asserts that UPTE’s misleading subject line violates California Business and Professions Code § 17529, which prohibits false and deceptive email practices. The complaint also asserts that UPTE’s conduct violates Business and Professions Code § 17200, which prohibits unfair business practices more broadly. 

“The deceptive nature of this email is a clear attempt to manipulate public employees into making commitments they did not knowingly agree to,” said Freedom Foundation CEO Aaron Withe. “We are committed to holding UPTE accountable for these fraudulent tactics and protecting workers from the exploitive actions of predatory unions.”

“The conduct exhibited by UPTE is not only an unfair and unlawful business practice, but it is also reprehensible for concealing the true nature of the email’s intent.” said Freedom Foundation litigation counsel Ravi Prasad. “Such behavior from unions is inexcusable.” 

The misleading April 12, 2024 email sent by UPTE: