Farmworkers Win One

Barry Bedwell: Court Decision Returns Constitutional Rights to Farmworkers

By Patrick Cavanaugh, Deputy Editor

Barry Bedwell, president of the Fresno-based California Fresh Fruit Association, discussed the implications of a unanimous decision on May 9, 2016, the California Fifth District Court of Appeal struck down as unconstitutional a 2002 law that stripped workers of their constitutional right to seek invalidation of unlawful Agricultural Labor Relations Board (ALRB) decisions in Superior Court.

Barry Bedwell, president of California Fresh Fruit Association

According to a Gerawan press release:

This case arose after a Gerawan farmworker Lupe Garcia filed a lawsuit in Fresno Superior Court in which he claimed that the First Amendment was violated when the ALRB refused to permit him to silently observe the ALRB’s “on the record” proceedings concerning the terms of a contract to be imposed on him and all other Gerawan farm employees. Gerawan Farming supported Mr. Garcia in the Court of Appeal and in the Superior Court, and filed its own action seeking the same relief. The 39-page decision in Garcia and Gerawan Farming, Inc. v. ALRB, Case No. F069896, held that the California Constitution barred the California Legislature from stripping workers of the right to bring claims in Superior Court. In reversing the dismissal of Mr. Garcia’s lawsuit, the Court of Appeal directed the Superior Court to hear the employee’s case.

Bedwell said while this was good news for the farmworkers because they can’t be barred from secret meetings, “it’s even more technical than that. It says [ALRB] cannot deny [farmworkers] the right to sue to be there.” Previously, according to Bedwell, ALRB claimed farmworkers “could not sue in Superior Court on this issue of being denied access to the mandatory mediation hearing. This Court of Appeals has decided that was unconstitutional, that [farmworkers] can now move forward and sue under the theory that their First Amendment rights were denied.”

“I don’t think [the court decision] solves the entire issue,” Bedwell said, “but it clearly indicates the ALRB has really overstepped their boundaries, not only in the case of denying access to these farmworkers, but not allowing the ballots to be counted. What it really indicates is the ALRB is once again denying farmworker rights at a time they should be representing them. This is just more evidence that, unfortunately, the ALRB seems to be more directed towards protecting the union rather than the workers’ rights. This is a continuing pattern; it’s clear that the ALRB is not representing the farmworkers, they are representing the union, and that’s unfortunate.”

In terms of next steps, Bedwell thinks the ALRB may decide—as a policy—they won’t deny access. He commented, “It essentially may have accomplished what the farmworkers wanted in the whole question—of just being able to observe the mandatory mediation process. These were people who were going to be subject to the [union contract] terms, but the ALRB said, ‘Oh no, we don’t want you in. We only want the union representatives in.’ That’s pretty poor,” stated Bedwell.

“The system unfortunately is so biased and heavily weighted toward organized labor,” he continued. “I’m not sure what it’s going to take. I suspect that if we’re going to find justice for Gerawan employees, it’s not going to come through the agencies in Sacramento; it’s going to have to come through the courts.”

California Ag Today2016-05-31T19:24:04-07:00May 11th, 2016|

CA Grown Campaign Builds Awareness

CA Grown Campaign Builds Awareness of the State’s Agricultural Bounty

By Kyle Buchoff, Assistant Editor

Denise Junqueiro, California Olive Committee director of programs and services and serves and CA Grown Campaign vice-chair, reported California Grown is really about building awareness of California-grown products. One of five Mediterranean climates in the world, California is a rare place where specialty crops that thrive in short, wet winters separated by a sunny and dry spring, summer, and fall, can be grown.

“We know people are curious,” said Junqueiro. “We know people want to know where their food comes from. We have an abundance of crops in our state, and we believe we grow these better than everyone else in the world. So we are trying to increase awareness—not only about our products—but about the farmers who grow them, because our farmers really care. Our efforts are about shining a light on all the bountiful fruits, vegetables and nuts we grow in California,” she noted.

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California Grown, according to their website, gives farmers the platform to share their farm stories and to help consumers understand where their food comes from. Farmers present their food safety measures, choices in crop varieties, sustainable and creative packaging solutions to make serving dinner faster and more convenient, strong ties to the land and to their neighbors, pride in homegrown products and in their work; and support for the economy.

California Grown is supported by the state and federal governments, hundreds of growers, and all Californians. The group also collaborates with about 20 member partners in California agriculture to remind everyone to seek out and purchase agricultural products grown and produced in California.

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Links

CA Grown Campaign

California Olive Committee

California Ag Today2021-05-12T11:06:00-07:00December 30th, 2015|

Positive Outlook for Table Grapes

Barry Bedwell: Positive Outlook for Table Grapes

By Charmayne Hefley, Associate Editor

At the November 17 Grape, Nut & Tree Fruit Expo in Fresno, Barry Bedwell, president of the California Fresh Fruit Association, reported a positive outlook for table grapes this year. “Production continues to expand,” said Bedwell, “and consumer acceptance of table grapes continues to expand, particularly for exported California table grapes. That’s a real positive. We’re also seeing the development of newer varieties—more proprietary brands that are very consumer friendly.”

Barry Bedwell, president, California Fresh Fruit Association

Bedwell said topping this year’s California Fresh Fruit Association annual Board of Directors Top 10 Issues survey are water concerns, followed by food safety and labor. “These are relatively consistent,” Bedwell said, “but we have seen some changes. Since last year, water, of course, has gone to the top of the list. Our members expressed concerns beyond the drought that encompass what future water system will allow proper conjunctive use of water—both surface water and groundwater.”

“We’ve also seen increased concern over food safety. And even though grapes are permanent crops with, I think, a low risk profile, we always have to be very concerned about food safety.

Then we have to look at the labor situation—not only the cost of labor—but also the availability. So, even though it has been stalled, the need for immigration reform is critically important. We will probably be in a defensive position in the next couple of years, compounded by increasing labor costs due to some well-intended, but I think misguided, efforts to increase wages around the state unnecessarily.”

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In 2015, the California Fresh Fruit Association survey identified the following issues as top priorities:

Water Supply/Drought Related Issues (#3 in 2014)
Food Safety (#9 in 2014)
Immigration reform (#1 in 2014)
Health Care Mandates/Affordable Care Act (#4 in 2014)
Labor Laws and Regulations (#2 in 2014)
Labor Costs/Minimum Wage Increase Impacts (#5 in 2014)
Groundwater Management Requirements (N/L in 2014)
Water Quality Regulations (Nitrogen, Salts, etc.) (#7 in 2014)
Invasive Pest Issues (#6 in 2014)
Workers Compensation Issues (#8 in 2014)

(Source: California Fresh Fruit Association)

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Links

Grape, Nut & Tree Fruit Expo

California Fresh Fruit Association

Patrick Cavanaugh2016-05-31T19:27:02-07:00December 9th, 2015|

ALRB Education Does Not Require Worksite Access

Barry Bedwell Says ALRB Education for Farmworkers is Okay, But Not Worksite Access

By Patrick Cavanaugh, Deputy Editor

Officials from the California Agricultural Relations Labor Board (ALRB) held a public hearing in Fresno TODAY to talk about their proposal for worksite access– private operating farms–to educate farmworkers about the ALRB, and that did not sit well with ag leaders. Barry Bedwell, president of the California Fresh Fruit Association based in Fresno and other ag leaders questioned the ALRB’s motives.

“The real proposal has to do with granting legal access to ALRB agents to agricultural worksites for the purpose of educating workers about the Agricultural Labor Relations Act,” Bedwell said. “Education alone is something that no one I’ve talked to is against, clearly. We want people to understand their rights under the law.”

The Act provides, encourages and protects collective-bargaining rights for agricultural employees, but as Bedwell explained, access to a private worksite is a totally separate legal issue.

“It’s really complicated, unfortunately, because ALRB’s staff has shown to a great degree over the recent couple of years, a distinct bias towards organized labor,” Bedwell said. “The Act is all about a worker’s right to get one or more people together to complain about work conditions and to ask for certain things. It doesn’t mean the employer has to grant them; it’s really about worker’s rights.”

Bedwell said the request from the ALRB is distinctly not about a union’s rights, and “it’s never been about the employer’s rights,” Bedwell said. “We know that. But in this case, we think it’s at best premature to talk about workplace access without first understanding the issue of knowledge [or the lack thereof] out there currently and the best ways to conduct that education.”

Pointing to heat illness prevention and Cal/OSHA as a great example, Bedwell said, “Cal/OSHA did not ask for access to go onto someone’s private property. Instead, they said, ‘We will create the information systems through various media and through seminars which agriculture helped to organize and fund.’ We think that’s a great model for educational services, and we could help.”

California Ag Today2016-05-31T19:28:05-07:00September 10th, 2015|

Could CDFA’s ACP Control Policy Devastate Our Citrus Industry Like Florida’s?

Citrus Industry is Fired Up Over Softened ACP Control Policy

By Patrick Cavanaugh

It seems that CDFA officials are giving up on controlling the Asian Citrus Psyllid (ACP) in Central California citrus growing areas! It sure looks like it.

Ever since the May 12 ACP trappings in the Lindsay area of Tulare County, there has been a major back-step in what has been an aggressive mandatory spray program to control any possible live psyllids within an 800-meter radius around the trap.

Now CDFA is suggesting that the spray programs should be voluntary and only 400 feet around the trap find.

According to Joel Nelsen, president of the Exeter-based California Citrus Mutual, “The conversation relative to the change in eradicating or treating for the ACP came about with a discussion between a few members of the scientific community and the department.”

“Frankly, the industry was unaware of this possible change in the program. When it was first released to the AG commissioner, it shocked everybody–is my understanding,” Nelsen said.

“And as a result, last Friday afternoon, the executive committee members from our pest and disease management committee had a very direct conversation with senior leadership of the CDFA. I understand that the conversation was extremely candid, somewhat emotional; if the industry to is going to be supporting a program to the tune of 15 million dollars, they want a say in how the program is run. And evidently, the Department of Agriculture is making some subjective decisions that we don’t believe are appropriate.”

“From my perspective, there were mistakes made at the onset of this program that we had to learn from; and if we don’t take seriously—psyllid control, psyllid control, psyllid control!—we’re going to end up in the same type of quandary that our colleagues in Florida, Texas, Mexico and even Brazil are in.

Too many psyllids, an endemic population, some of which will contract citrus greening disease and eventually contaminate citrus trees, could devastate central California’s $2 Billion industry. “If we even allow one psyllid to continue to foster a population, then we have failed at our effort. And so from the perspective of Citrus Mutual, we are in an eradication mode,” Nelsen said.

“We are in a position in which we can find isolated psyllids and treat, and we are in position where continuous trapping and tapping (with bats and trays in searching for psyllids) and intensive trapping is not finding an endemic population. So for the department to argue that the population is endemic, its a ‘what if’ scenario that we don’t think is appropriate.”

Nelsen said that the pushback by his pest and disease management committee might have made a difference. “I haven’t received anything, but I think that conversation last Friday afternoon yielded some intended results. There’s a reconsideration, and I give a lot of credit to the industry members who stood up the department; but until it happens, its not real,” he said.

Patrick Cavanaugh2021-05-12T11:06:01-07:00June 3rd, 2014|