ALERT: UFW NOTICES OF INTENT TO TAKE ACCESS
October 7, 2013
California Farm Employers’ Rights
Courtesy of Farm Employers Labor Service via Monterey County Farm Bureau
FELS has learned additional information that may be useful while dealing with United Farm Workers Union (UFW) Notices of Intent to Take Access (NAs).
First, regional Agricultural Labor Relations Board (ALRB) offices have recently requested certain information from employers within seven days:
- the number of current agricultural employees including employees hired through farm labor contractors;
- the principal crops produced by the employer; and,
- the worksites and addresses of all of employees, including those hired through FLCs.
Such a request by the ALRB is previously unheard of; an investigation of an NA and provision of this information is not required by the ALRB's access regulation.
Second, let your employees know that you and other agricultural employers and their organizations have been working very hard for a long time for the passage of an immigration-reform law that will benefit them and their family and friends, along with employers.
Also before UFW agents take access, reassure your employees that you respect their right and the right of UFW agents to communicate with each other confidentially during access periods. You should also let employees know they have the rights:
- Not to talk to UFW agents if they do not wish to do so.
- To fully understand for themselves what it is that UFW agents are asking them to sign before they sign it.
Third, there are limitations on UFW's access rights in addition to those mentioned in the September 30 FELS eNews:
- Access may be taken by only two UFW agents for each work crew on your land, except that if there are more than 30 employees in a crew, one additional agent is allowed for up to every 15 additional employees.
- You may deny access to UFW agents if no NA was filed and served or if the agents fail to identify themselves upon request.
- You may end access and order UFW agents off your land once the mandated access time has expired or if the agents disrupt work or harm equipment, crops or other property.
If you have further questions or concerns, please contact FELS at 800-753-9073 or email@example.com