Attestation Form FAQ

What is an Attestation form and How Do I Complete it? 

An Attestation Form is legal documentation that serves as confirmation–in this case, confirmation of your participation in the 2022 Strike. Attesting to striking communicates to the university that you were engaged in a legally protected activity, and protects you from disciplinary action from the employer should there be a question about you not completing your work duties. Workers should have received an email communication from the university titled “Self-Attestation Form Related to the UAW Strike – Action Required by January 20, 2023.” In this email, you’ll find attached the UC’s version of the attestation form. The majority of this attestation form is basic, and workers are encouraged to fill it out accordingly, with one amendment. 

What Amendment Should I Make Before Submitting the Form? 

The very bottom of the form reads:

“Prompt completion of this form will help ensure appropriate payroll processing.  Any necessary corrections to my pay based on information that I have provided in this form will be made in equal amounts over the course of three months.  Leave without pay will be reflected on my payroll statement. Employees may contact their departments with any payroll questions or concerns.” 

Our union advises workers to remove this language and instead write:

 “I do not authorize the University to dock my paycheck for any overpayment without my express written consent. I request that the University provide me with an accurate accounting of any overpayment made during the course of the strike, a reasonable opportunity to review the University’s overpayment calculation, and a process to correct the amount if necessary. Along with the University’s overpayment accounting, please also provide me with several options of how I can repay any overpayment, including the option of docking the overpayment in equal amounts via payroll over the course of three months, so that I can select the option that works best for me.”

Why Should I Amend the UC’s Attestation Form? 

The University does have the right not to pay workers for struck labor and the right to a reporting on work efforts, but they do not have the right to garnish wages without workers’ consent. The amendment of their language allows workers the right to re-pay any paid work over time and on a payment plan, rather than allowing the University to unilaterally stipulate how and what amount will be docked. This ensures workers’ financial stability moving forward. The union highly recommends you change the wording of this document to protect yourself from unlawful pay docking, if you decide to fill out the form

Should I Fill it Out? 

Filling out the form is recommended as it legally confirms that you participated in the strike rather than skipping work, and therefore grants protection should the UC attempt to take disciplinary action in any way. 

Choosing to not fill out the form could result in the university attempting to recover overpay in other ways, and opens workers up to the risk of being reported for not showing up to work, rather than legally striking. 

If you do choose to not fill out the form, know that your fellow union members and elected leaders will defend you.

What Discipline could I be open to if I don’t fill it out? 

It’s not entirely clear what, if any, discipline the University may choose to engage in. The Union will defend anyone who faces unfair discipline as a result of deciding not to fill out the form. Discipline could include additional pay docking or a letter in a worker’s employment file.