California Table Grape Commission

Kathleen Nave on the Table Grape Commission

By Charmayne Hefley, Associate Editor

Before the California Table Grape Commission was established in 1968, only 1.7 pounds of grapes were consumed per person annually, according to Kathleen Nave, president of the organization. She said the Table Grape Commission began at the request of growers working with California’s legislature to better promote grapes. Today’s annual consumption rate is 8 pounds of grapes per capita.

“I had talked to some of the founding fathers back in the late 50s, early 60s,” Nave said. “They told me there were so many changes happening in the world and in the retail environment at that time, they were afraid of losing the land their families had immigrated to from around the world. So they wanted to come together and pool a little bit of money from every box of grapes they sold to be overseen by the state of California and a board of table grape grower directors to increase demand for their product. “To this day, the Table Grape Commission is still governed by growers who are nominated by their peers in each district in which grapes are grown in the state,” Nave said, “and it is all overseen by the California Department of Food and Agriculture.”

While the Table Grape Commission continues to promote table grapes and to create a domestic demand for them, Nave said the Commission is reaching beyond this basic consumer base, to foreign consumers. “Everything we do is designed to create demand,” Nave said, “to get that retailer to put more California grapes on the shelves, to promote and advertise them more often, to encourage that importer to bring grapes in, and to get consumers to go into their grocery stores and ask, ‘Where are the California grapes?’”

Patrick Cavanaugh2016-05-31T19:27:07-07:00October 12th, 2015|

Exclusive Interview with ALRB Chairman Bill Gould

ALRB Chairman Bill Gould Defends ALRB’s Actions

By Patrick Cavanaugh, Deputy Editor

California Ag Today exclusively interviewed William B. Gould IV, member and chairman of the California Agricultural Labor Relations Board (ALRB), and previously chairman of the National Labor Relations Board. ALRB Chairman Bill Gould described his extensive experience in labor law, “I have been practicing in labor law both on the union and employer side. I’ve arbitrated labor disputes for 50 years as an impartial arbitrator, and I’ve been in academics, teaching law, and of course in government service as well.”

Chairman Gould defined the Board’s role, “The ALRB is a quasi-judicial neutral agency that was established to interpret and administer the Agricultural Labor Relations Act of 1975. It deals with the cases in front of it the best it can and tries to promote rulemaking to implement the objectives of the statute.

When pressed to address a widely held belief that the ALRB is biased in favor of the United Farm Workers (UFW), particularly against Gerawan Family Farms, a Fresno County tree fruit operation which for several years has witnessed a majority of its farmworkers attempt to fight mandatory-mediation-imposed UFW representation and fees, Chairman Gould replied, “The ALRB is a government agency that is concerned with enforcing and administering labor laws. I think when you get in the business of interpreting law and finding facts, sometimes people don’t always agree, and that has happened in a number of cases. A lot of people don’t understand that the statute is written fundamentally to protect the rights of workers to engage in freedom of association and in concert under conditions they consider unfair. The Act also protects employees from retaliation for these freedoms. We are an impartial agency that attempts to take into account the interests of all parties; but fundamentally, we have to find all the facts before us and make decisions and determinations.”

When asked if, in general, farmers were taking care of their workers, Gould answered, “I’m not in a position to say whether farmers are taking care of their farmworkers. That’s really a broader mission than the one that the legislation has given to us. We are concerned with whether, in particular cases, violations of the statute have occurred, and in remedying those violations.”

“And while farmers would agree that farmworkers should have the right to speak up when something is wrong without any retaliation,” Gould elaborated, “bosses are not forced to correct any wrong or to change things. And the boss is not obliged under our statute to do anything about wages, health or safety concerns. We are concerned with giving workers the ability to speak up and engage in concerted activity with protection against employer retaliation.”

On September 17, ALRB administrative judge Mark Soble ruled to prohibit Gerawan employees from learning the outcome of ballots cast in 2013 to decertify the UFW union, angering the agricultural industry and the Gerawan farmworkers, in particular. Gould said, “I can’t make any comments about that matter at all.”

Recently the ALRB hosted three hearings in the state to learn how to better educate farmworkers about their labor rights and to establish legal access to communicate directly with them during work hours at their work sites. Prompted to explain this ALRB request to access private farm property, during production hours, Gould replied, “The problem is the difficulty in reaching those with lack of legal status and who live in the shadow of the law and are afraid to protest. As the most recent witness testified, this population is sometimes cut off by language barriers and might not know the content of the law.”

“Putting aside language and documented status,” Gould continued, “many workers don’t know some very basic aspects of the National Labor Relations Act because of the inability of the Board under the Act to communicate with those workers. So what we are looking at is our ability to communicate the content of the law and the procedures we employ more effectively than in the past.”

When asked about other forms of outreach, such as hanging educational posters in different languages that workers understand, Gould said, “These indigenous languages are something that only academics read. I don’t think that many of the farmers are academics.”

Chairman Gould explained the ALRB could reach workers who speak these ancient languages by “having lawyers on private property describe the content of our statutes and our procedures and perhaps show videos that would explain the rules in their own language.”

ALRB Bio

Appointed in March 2014 as a member and chairman of the Agricultural Labor Relations Board, William B. Gould IV has been Charles A. Beardsley professor of law, emeritus at Stanford Law School since 2002, where he has held multiple positions since 1972, including professor of law. He was chairman of the National Labor Relations Board from 1994 to 1998. Mr. Gould was a visiting professor of law at Harvard Law School from 1971 to 1972, professor of law at Wayne State University Law School from 1968 to 1972, and a lawyer at Battle Fowler Stokes and Kheel from 1965 to 1968. He was an attorney-advisor for the National Labor Relations Board from 1963 to 1965 and assistant general counsel for the United Automobile Workers from 1961 to 1962. Mr. Gould is a member of the National Academy of Arbitrators. He earned a Bachelor of Laws degree from Cornell Law School.

Mr. Gould’s term expires January 1, 2017 (Pursuant to Labor Code § 1141(b).)

California Ag Today2016-05-31T19:27:10-07:00September 21st, 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|

Western United Dairymen Calls on Congress to Address Farm Labor Crisis

Call to Address Farm Labor Crisis, along with E-Verify Legislation

Together with the Agriculture Workforce Coalition (AWC), Western United Dairymen (WUD) called on Congress TODAY to enact legislation that would address the farm labor crisis faced by American agriculture before implementing a mandatory E-Verify system.

The call came via the testimony of Chuck Conner, president and CEO of the National Council of Farmer Cooperatives (NCFC), a member of the AWC, during a hearing of the House Judiciary Subcommittee on Immigration and Border Security. Subcommittee Chairman Trey Gowdy (R-S.C.) called the hearing to examine The Legal Workforce Act (H.R. 1772), legislation introduced during the previous Congress. The measure would mandate the use of the E-Verify system by employers to confirm the legal status of prospective employees.

“Mandatory E-Verify without addressing agriculture’s broader labor crisis would be devastating. As an industry, we recognize interior enforcement is needed; it just cannot be decoupled from addressing agriculture’s workforce concerns,” Conner testified. “Let me be very clear: the agricultural industry would be forced to oppose any E-Verify legislation that does not also address the agricultural workforce crisis.”

Conner noted that an estimated 70 percent of hired farm workers lack proper authorization to work in the United States, despite providing authentic-looking documents to employers. In addition, the only guest worker program available to agriculture, H-2A, is so cumbersome and divorced from the market-based needs of agriculture, that it provides just 7 percent of the workers needed by farmers and ranchers.

The vast majority of America’s farmers fully comply with the law. But the system created by Congress in 1986 is vulnerable to the use of false documents. “Employers, including farmers, are not experts in spotting false documents,” Conner said. “So long as a solution is in place to ensure access to a legal and stable workforce, including our current, experienced workersboth year-round and seasonalfarmers would welcome a verification system that is simple, efficient and certain.”

WUD is a voluntary membership organization representing more than 60% of the milk produced in California. Membership benefits include resources in labor law, environmental regulations and pricing issues. Members decide the direction of state and federal legislative efforts affecting the dairy industry.

The Agriculture Workforce Coalition (AWC) unites over 70 organizations representing the diverse needs of agricultural employers across the country. AWC serves as the unified voice of agriculture in the effort to ensure that Americas farmers, ranchers and growers have access to a stable and secure workforce. Western United Dairymen is a key member of the AWC steering committee.

Patrick Cavanaugh2016-05-31T19:30:32-07:00February 4th, 2015|

CCGGA and WAPA Not Happy with Abrupt Ending of Water Negotiations

What Happened is Unknown, But Ending Water Negotiations In a Year Like This is Unconscionable

On Friday, California Cotton Ginners and Growers Associations (CCGGA)/Western Agricultural Processors Association (WAPA) President /CEO Roger Isom reacted to the withdrawal of water negotiations on federal drought legislation by stating:

Roger A. Isom, CCGGA/WAPA President/CEO

It is unconscionable to walk away from talks at this point in time. In a year where hundreds of thousands of acres of productive farmland received zero surface water, this delay is unacceptable. Thousands of acres lay fallow and productive orchards were ripped out – this is unacceptable.

The jobs that are associated with this acreage go far beyond the individual farmer and his family. It affects farm workers and their families, the fuel delivery personnel and their families, the custom harvesters and their families, the bankers and their families, the insurance companies and their families, the equipment dealers and their families. The list goes on and one thing remains the same. The lack of water is devastating. There are cities in the San Joaquin Valley that are without water for even the basic necessities. This is not a time when politics should come before the needs of the people.

While we applaud the bipartisanship that went into the serious negotiations that were undertaken, the fact remains that there will be no legislation this year. Despite assurances that this will be taken up early in the next session it is simply too late. Another planting season will have gone by. Without a miracle winter, more acreage will be removed. Consequently, more farmworkers will be laid off or simply not hired. There will be even less work for the fuel suppliers, harvesters, banks, chemical supply companies, equipment dealers, and others that rely upon a viable agricultural industry.

We don’t know what happened or why the negotiations were discontinued, but it doesn’t matter. Simply put, something has to be done to provide more water at these critical times. Farmers have done their part by investing billions converting irrigation systems to automated, high-efficiency, low water use systems, such as buried drip on cotton. It’s time for Congress to do theirs.“

The California Cotton Ginners and Growers Associations are trade organizations representing cotton growers and cotton gins throughout California. The Western Agricultural Processors Association is a trade organization representing tree nut hullers and processors of almonds, pecans, pistachios and walnuts. All three organizations are operated and managed in the same offices in Fresno, California.

Patrick Cavanaugh2016-05-31T19:32:14-07:00November 24th, 2014|

Western United Dairymen Statement on Executive Immigration Action

State Needs Immigration Action for Year-Round Labor

Yesterday, President Obama announced a series of executive immigration actions intended to provide relief from deportation and work authority to certain individuals who are not legally present in the U.S. The specific implications for agriculture are difficult to assess, but it is clear President Obama’s executive action is limited and only proposes temporary relief.

WUD firmly believes that Congressional action is the only true path to a comprehensive solution for the current broken immigration system. For example, farmers with year-round labor needs are ineligible to participate in any existing program because the law requires the job to be seasonal and the worker to be temporary. Legislation appears to be the only way to eliminate this challenge to our country’s food security.

The consequences of labor instability and Congressional inaction to address it have been severe. We are committed to achieving a fair legislative solution that most importantly, legalizes the current workforce and provides a stable, legal, year-round workforce moving forward. Our dairy families depend on these experienced employees who understand the needs of our dairy farms and herds.

WUD is a voluntary membership organization representing more than 60% of the milk produced in California. Membership benefits include resources in labor law, environmental regulations and pricing issues. Members decide the direction of state and federal legislative efforts affecting the dairy industry.

Patrick Cavanaugh2016-05-31T19:32:14-07:00November 22nd, 2014|

CA FARM WORKERS TO HOLD ELECTION NIGHT VIGIL TO PROTEST LABOR BOARD VOTER SUPPRESSION

Let’s All Show Support for These Valiant Farm Workers, Who are Striving to Get their VOICES Heard

By: Laurie Greene; Cal Ag Today Editor/Reporter

Hundreds of farm workers will gather outside a California election office on election night to protest a state labor board suppressing their votes from a union decertification election. The workers, from Fresno-based grape and fruit grower, Gerawan Farming Inc., voted to decertify the United Farm Workers (UFW) last November, but the California Agricultural Labor Relations Board (ALRB) locked up the ballots and is refusing to count them.

“It’s an outrageous attempt to help the UFW impose a contract on these workers that will take 3 percent of their pay against their will,” said Center for Worker Freedom executive director Matt Patterson.

So on Tuesday November 4, Gerawan workers, their families and supporters will hold a silent candlelight vigil at an elections office at 2221 Kern Street in Fresno, CA from 8:00 pm-9:30 pm. The silence will represent their voices being stolen by the ALRB; the candles will represent their hope for freedom from the UFW.

“Everyone’s vote will be counted that night. We want to remind people that we are still waiting for ours to be counted a year after our election” says Areli Sanchez, one of the thousands of workers denied their constitutionally protected freedoms of speech and assembly by the ALRB. “We have been screaming for Governor Brown to help us for a year. Maybe now he will hear our silence,” said Sanchez, a 14-year Gerawan employee.

Meanwhile, on Wednesday, the Los Angeles City Council publicly supported a group of Gerawan farm workers seeking the union contract, as Gerawan sells its produce in Los Angeles stores under the Prima label.

In a letter to the LA Times editor on October 27, 2014, Kenneth Cleveland, Malibu, a management consultant who has worked with Gerawan Farming on and off for almost 30 years, said:

I know [Gerawan’s] operations well, and I know many of the company’s employees. The Gerawans are an immigrant family from Lebanon who many years ago started by farming several acres of peaches in Reedley, Calif. Today they are one of the county’s leading growers and processors of stone fruit and table grapes.

The working conditions at Gerawan Farming are excellent, and its wage scales exceed those of the United Farm Workers. It has provided many jobs for other immigrant families.

The Los Angeles City Council has no business interfering with an enterprise in Fresno County. The council’s motive is obviously to gain favor with the UFW, a big campaign contributor.

The council members should spend their efforts and their constituent’s resources on Los Angeles.

The California Agricultural Labor Relations Board was created in 1975 to ensure peace in the fields of California by guaranteeing justice for all agricultural workers and stability in agricultural labor relations, according to their website. The Board seeks to achieve these ends by providing orderly processes for protecting, implementing, and enforcing the respective rights and responsibilities of employees, employers and labor organizations in their relations with each other.

Founded in 1962 by Cesar Chavez, the United Farm Workers of America is the nation’s first successful and largest farm workers union currently active in 10 states, according to their website. The UFW continues to organize in major agricultural industries across the nation to provide farm workers and other working people with the inspiration and tools to share in society’s bounty.

The Center for Worker Freedom (CWF), a non-profit, educational organization dedicated to warning the public about the causes and consequences of unionization, is helping to coordinate the vigil. CWF supports freedom of association and believes every worker should have the right to decide for themselves whether or not they belong to a labor organization, according to their website.

CWF is a special project of Americans for Tax Reform, a nonprofit taxpayer advocacy research and educational organization.

Patrick Cavanaugh2016-05-31T19:32:17-07:00October 31st, 2014|

Several Key Industry Associations Urge Immigration Reform

The U.S. Chamber of Commerce yesterday urged Congress and the Administration to work together to enact immigration reform in order to drive job creation and economic growth.

The call came as part of the national ‘Day of Action’, which included events in Washington D.C. along with 25 other states.

Several key agricultural and economic industry groups also supported the proposal, including the Western Growers Association, Partnership for a New American Economy, American Farm Bureau Federation and AmericanHort.

The national press conference in the U.S. capital featured leading business association CEOs discussing the critical need for new legislation.

There was also a range of coordinated events throughout the country with state farm bureaus, local businesses and state representatives which aimed to show immigration laws in the business community needed to be modernized across industries, sectors and geographies.

In a release, U.S. Chamber of Commerce president and CEO Thomas J. Donohue said he strongly believed improvements were needed and he would continue to make the case for them.

“While our lawmakers are deadlocked on this issue, business leaders are more determined than ever to fix our immigration system,” Donohue said.

“We need meaningful immigration reform to revitalize our economy and to remain a nation ruled by law, guided by principle, and driven by compassion and common sense.

“We’re going to continue to make the case in the nation’s capital and in every corner of this country, and will use every tool and resource at our disposal. We’re not going to let up until the job gets done.”

Western Growers president and CEO Tom Nassif echoed Donohue’s remarks, adding many currently unauthorized immigrant workers were vital for the agricultural industry.

“The effect of inaction on immigration reform is devastating to the fresh produce industry and consumers. We rely on people to plant and harvest the nutritious and domestic supply of food for Americans and for export,” Nassif said.

“Many of these workers are unauthorized, but are willing and able to do the work. It’s been demonstrated many times that Americans won’t work in the fields, so why won’t our elected officials provide us the means to have a legal, reliable workforce?

If no solution is provided, production will continue to move overseas along with the jobs agriculture supports in rural communities across America.”

American Farm Bureau Federation president Bob Stallman also said the current laws were outdated and changes were needed for both farmers and the economy.

“As a nation, we can’t afford to continue with an immigration system we’ve long outgrown and is working more and more against our overall national interest,” he said.

“We urge Congress and the Administration to work together and with us to achieve real immigration reform that addresses the needs of farmers, the economy, as well as the country’s need for border security.”

Patrick Cavanaugh2016-05-31T19:34:18-07:00July 10th, 2014|

AGRICULTURE LAUNCHES TWITTER CAMPAIGN FOR IMMIGRATION REFORM

Farmers for Immigration Reform

The Agriculture Workforce Coalition, Western United Dairymen, the American Farm Bureau Federation, and more than 70 of the largest American agriculture groups this week joined with the Partnership for a New American Economy to launch #ifarmimmigration, an agriculture campaign to support renewed efforts to enact immigration reform this year.

Farmers across the country depend on temporary labor to help grow their crops and their business. Immigrants help fill those vital positions, creating additional 2-3 jobs for domestic-born workers up and down the economy in food packaging, shipping or farming supplies. For many farms across the country, there are simply not enough native-born workers to work their fields.

The agriculture campaign will stress the agriculture sector’s critical need for immigration reform with activities online and on the ground, in Washington D.C. and in key Congressional districts. The month started with a Capitol Hill briefing on Feb 5, where Congressional staff heard from farmers and ranchers about the need for immigration reform. Throughout the month, the campaign will release new research on labor shortages while farmers and ranchers will be on the ground telling their stories through farm tours, social and traditional media, videos, and community events for members of Congress in their districts.

American Farm Bureau’s Bob Stallman commented, “Unfortunately, because of a labor shortage in our farm fields, there’s a growing crisis about the future of our food supply.”

Stallman continued:

“In that spirit, throughout the month of February, farmers across the country, in conjunction with the Partnership for the New American Economy, will be using a slightly different spin to show consumers and lawmakers just how important immigration reform is to our food system. The truth is, we either import our labor or we import our food.”

“America’s farmers and ranchers need a balanced immigration reform bill that includes a fair and workable farm labor provision. We are encouraged by the House Republican Conference’s commitment to moving forward on immigration reform this year with the release of their immigration ‘standards.’ The American Farm Bureau Federation supports the House using these principles as guideposts and, specifically, we appreciate the recognition that agriculture’s need for a legal and stable workforce must be addressed.”

“But much work remains and farmers will continue to work toward passage of responsible immigration reform legislation that includes an earned adjustment for experienced, undocumented agricultural workers and a new, flexible guest worker program.”

http://www.renewoureconomy.org/news/updates/lets-passimmigration-year/

This effort joins The Partnership for a New American Economy, which brought together more than 500 Republican, Democratic, and Independent mayors and business leaders who support immigration reform as a way of creating jobs for Americans today.

Patrick Cavanaugh2016-05-31T19:38:59-07:00February 9th, 2014|

CDFA TO DISCUSS FARM BILL, AG IMMIGRATION THIS WEEK

CDFA, Speakers To Discuss Farm Bill and Ag Immigration-Feb. 4^thin Sacramento

The California State Board of Food and Agriculture will discuss the pending 2014 Farm Bill and agriculture immigration issues at its upcoming meeting on February 4th in Sacramento. This meeting will be held from 10:00 a.m. to 2:30 p.m. at the California Department of Food and Agriculture, 1220 ‘N’ Street – Main Auditorium, Sacramento, CA 95814.  

“As Congress prepares to vote on a bi-partisan farm bill, we look forward to the passage of this important legislation,” said CDFA Secretary Karen Ross. “The farm bill is critical to California for a variety of reasons – but most timely, this legislation will provide much needed assistance in addressing drought conditions within our state.”

Farm bill programs provided by the USDA Farm Service Agency, the Risk Management Agency, the Natural Resource Conservation Service, and the Rural Development Agency can directly help farmers and rural communities through conservation improvements, farm loans and facility loan programs.

Covering such issues as research, conservation, nutrition, commodities and rural development – the farm bill is omnibus multi-year legislation for major food and farm programs. The legislation funds critical programs such as nutrition assistance (food stamps), technical assistance for farmers and ranchers, research, invasive species prevention and management, and initiatives that support food production and environmental conservation.

The current farm bill, the Food, Conservation, and Energy Act of 2008 expired in December 2013, necessitating action by Congress.

The state board will also be discussing immigration issues, including the status of federal immigration reform and other factors related to rural communities and farms.

Invited speakers include: Donald Grady, Office of Congressman Jim Costa; Sandra Schubert, California Department of Food and Agriculture; Rachel Kaldor, Dairy Institute; Linda Patterson, California Department of Social Services; Michael Dimock, Roots of Change; Craig Regelbrugge, Agricultural Coalition for Immigration Reform; Diane Charlton, University of California, Davis; Cornelius (Corny) Gallagher, Farm Foundation/California Bankers Association; and Joseph McIntyre, Ag Innovations Network.

  “Up to two thirds of our agricultural workforce in California are undocumented residents performing skilled and valuable labor in fields across this state. Regardless of where you are on the immigration debate – this is a reality in California,” said Craig McNamara, president of the California State Board of Food and Agriculture. “As the largest agricultural state in the nation, California’s farmers and ranchers have a role in shaping the national discussion on immigration reform.”

The California State Board of Food and Agriculture advises the governor and the CDFA secretary on agricultural issues and consumer needs. The state board conducts forums that bring together local, state and federal government officials, agricultural representative and citizens to discuss current issues of concern to California agriculture.

Follow the board on Twitter at: www.twitter.com/Cafood_agboard

Patrick Cavanaugh2016-05-31T19:41:08-07:00January 31st, 2014|