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|

NASSIF STATEMENT ON RELEASE OF GOP IMMIGRATION REFORM STANDARDS

Efforts for Long-term Immigration Solutions Praised

Western Growers president and CEO Tom Nassifissued this statement TODAY on the release of the GOP Immigration Reform Standards:

“I applaud Speaker Boehner, Majority Leader Cantor, and Whip Kevin McCarthy for their efforts to move immigration forward in the House. The standards leadership have drafted represent a commitment to reforming our immigration system in a manner that respects the rule of law while strengthening the ability for agriculture to remain competitive in the world market. We especially applaud the specific acknowledgement of agriculture’s unique needs and look forward to working towards crafting a long term solution.

The commitment to dealing with our existing workforce in a humane and sensible manner, and making visa programs more market-based and workable are not only key priorities for our industry, they are consistent with Republican values. We appreciate the House leadership for their courage to lead on this critical issue. We look forward to working with all members of the House to move legislation forward that can finally fix our broken immigration system.”

Since 1926, Western Growers have represented local and regional family farmers growing fresh produce in Arizona and California. Our members provide half the nation’s fresh fruits and vegetables including a third of America’s fresh organic produce. Some also farm throughout the U.S. and in other countries so people have year-round access to nutritious food. For generations we have provided variety and healthy choices as the first line of defense against obesity and disease. We grow the best medicine in the world.™

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

PASSING THE HOE: Farmer Training

Beginning Farmer-Training Program Accepting 2014 Students

The Center for Land-Based Learning, dedicated to creating the next generation of farmers and teaching California’s youth about the importance of agriculture and watershed conservation, is getting ready for it’s third California Farm Academy class beginning in February 2014. The Farm Academy still has a few spots available.

The California Farm Academy, a one-of-a-kind beginning farmer-training program, was established to inspire and motivate people of all ages, especially youth, to promote a healthy interplay between agriculture, nature and society through their own actions and as leaders in their communities.

Admission requirements include:

A strong desire to become a specialty crop farmer
A commitment to participate in 7-10 hours of training per week, and
Transportation to attend classes near Winters, CA and at other nearby locations.
Some previous experience with farming is preferred. Classes and activities are conducted in English.

The program provides approximately 270 contact hours from Feb. 11th to Sep. 13th, 2014, including classes, hands-on experience, one-on-one consultations, farm visits and field trips. Printed curriculum materials are provided, as are the necessary machinery, tools and supplies for the activities. Partial tuition assistance may be available for admitted applicants who demonstrate financial need.

Another CLBL program, FARMS (Farming, Agriculture, and Resource Management for Sustainability) Leadership Program, provides innovative, hands-on experiences to urban, suburban and rural youth at working farms, agri-businesses and universities. Participants develop leadership skills and learn about agriculture practices that contribute to a healthier ecosystem, and connect to agricultural, environmental, and food system careers.

CLBL envisions a world where there is meaningful appreciation and respect for our natural environment and for the land that produces our food and sustains our quality of life. CLBL Founder, Craig McNamara was awarded the 2012 James Irvine Foundation Leadership Award. He is also President, California State Board of Food and Agriculture.

Patrick Cavanaugh2016-10-24T15:28:53-07:00December 23rd, 2013|

After Tough Negotiation, Raisin Price Decided

Raisin Price Set At $1650 Per Ton

More Thompson Seedless Vineyards To Be Pushed

The Raisin Bargaining Association (RBA) announced that it has reached agreement with its signatory packers on the 2013-14 Natural Seedless raisin harvest announced field price. The price will be one thousand six hundred fifty dollars ($1,650.00) per ton or eighty-two and one half cents ($0.825) per pound. The price is calculated using the following formula:

Base price $1,457.00 $0.7285

Moisture @ 10% 80.00 .04

Maturity @ 75% 50.00 .025

Container rental 21.00 .0105

Transportation (minimum) 15.00 .0075

RAC assessment 14.00 .007

USDA inspection 13.00 .0065

2013 Announced RBA field price $1,650.00 per ton $0.825 per lb.

Raisin growers have sent a strong message to the industry that they prefer selling raisins on a 100% basis now and into the future. With that in mind, the Board of Directors of the Association worked diligently toward a compromise with their signatory packers to establish a fair price that reflects the additional California raisin production for this season.

The Raisin Administrative Committee (RAC) recently estimated the 2013 Natural Seedless raisin crop at 348,437 tons in comparison to deliveries of 311,090 tons last year. The $1,650 per ton price for the 2013 Natural Seedless raisin crop is a 13% reduction to last year but takes into account the additional crop that is estimated for production as well as the challenging market conditions that the industry will be facing.

The agreement calls for growers to be paid in three installments this year as opposed to four installments last season. 65% of the payment will be due fifteen (15) days after completion of delivery, 20% will be due to growers on or before February 28, 2014, and the final 15% will be payable on or before April 30, 2014.

In the past, grower reserve raisins generated funds to assist the industry in marketing additional production into world markets. The effort to sell this year’s additional production without reserve programs and the temporary elimination of state marketing and promotion funding are two reasons why the RAC assessment of fourteen dollars ($14) per ton has been included in the pricing formula. This will provide an opportunity for the industry to work together through the RAC in support of efforts to market 100% of each year’s crop without reserves.

As reported from the International Dried Grape Producing Countries Conference in October, there continue to be strong indicators that Turkey has a significantly smaller dried grape crop to market this coming season. California and Turkey are the two largest producers of dried grapes in the world. It was also reported that South Africa, Chile, and Argentina have suffered tremendous frost damage in their vineyards, which will severely limit their harvest, which begins in January. The ability to take full advantage of what appears to be a tremendous sales opportunity requires an announced field price.

The Raisin Bargaining Association Board of Directors understood the importance of establishing this important benchmark in a timely manner to sell the maximum amount of raisins this year. However, they are also well aware of the impact it has on the grower community. Labor, water, and energy costs have significantly increased for growers over the past twelve months further squeezing their bottom line margins. As agricultural resources in California are depleted, vineyard owners will continue to seek the best utilization of their land.

California Ag Today editors spoke with Steven Spate, an RBA Grower representative, and a raisin grower. He said: “We are witnessing a large amount of raisin grape vineyards being removed (between 8,000 and 15,000 acres) from production this year in favor of more mechanized and profitable crops such as almonds, walnuts, and citrus.”

“Time will tell what impact this acreage reduction will have on the future of the California raisin industry but taking the necessary steps to market this year’s crop was extremely important for the Raisin Bargaining Association to accomplish. We are now counting on the California raisin packers to sell this crop to provide a better future for the remaining growers in our industry,” Spate said.

Spate added that processors thought the price should have been lower, but growers generally thought that shortages in Turkey and other areas should have boosted the price. “But still, there are excess raisins on the market and it has created a downswing in price.

Growers who are pushing out vineyards say that the lower price is only one factor that is in play. Chronic labor shortages are also encouraging growers to plant a less labor-intensive crop.

Patrick Cavanaugh2016-08-25T21:49:44-07:00November 26th, 2013|

JUDGE ISSUES DECISION IN TRI-FANUCCHI FARMS, INC.

Tri-Fanucchi Farms to Accommodate UFW Requests

Administrative Law Judge (ALJ) Thomas Sobel, issued his 23-page decision TODAY in the Tri-Fanucchi Farms, Inc., Case heard in Visalia on October 21, 2013.

After a long hiatus in bargaining, the United Farm Workers of America, AFL-CIO requested information from and a meeting with Tri-Fanucchi, a farm near Bakersfield.

Tri-Fanucchi refused to provide information to the Union, to recognize the Union as the collective bargaining representative of its employees, and to bargain with the Union on the grounds that UFW had abandoned the farmworkers for 24 years.

ALJ Sobel ruled that the Tri-Fanucchi’s claim of Union abandonment is not available under the Agricultural Labor Relations Act (ALRA) and that, in view of the company’s admissions, the allegations in the Union’s Complaint must be taken as true.

Tri-Fanucchi was ordered, among other things, to provide information to, and to recognize and meet and bargain with the Union as the collective bargaining representative of its employees.

Tri-Fanucchi was also mandated to post the following:

NOTICE TO AGRICULTURAL EMPLOYEES

After investigating charges that were filed by the United Farm Workers of America, in the Visalia Office of the Agricultural Labor Relations Board (ALRB), the General Counsel of the ALRB issued a complaint that we had violated the law. After a hearing at which all parties had an opportunity to present evidence, the ALRB found that we had violated the Agricultural Labor Relations Act (Act) by failing to supply the Union with information to which it was entitled under the Act.

The ALRB has told us to post and publish this Notice.

The Agricultural Labor Relations Act is a law that gives you and all other farm workers in California these rights:

1. To organize yourselves;

2. To form, join or help a labor organization or bargaining representative;

3. To vote in a secret ballot election to decide whether you want a union to represent you;

4. To bargain with your employer about your wages and working conditions through a union chosen by a majority of the employees and certified by the Board;

5. To act together with other workers to help and protect one another; and

6. To decide not to do any of these things.

Because you have these rights, we promise that:

WE WILL NOT refuse to provide the Union with information necessary to foster informed collective bargaining.

WE WILL NOT refuse to meet and to bargain collectively and in good faith with the Union as the representative of our employees for the purpose of collective bargaining.

WE WILL NOT in any like or related manner, refuse to bargain with the Union over wages, hours or conditions of employment, or interfere with, restrain or coerce employees from exercising their right under the Act

DATED:

If you have any questions about your rights as farm workers or about this Notice, you may contact any office of the Agricultural Labor Relations Board.

See Tri-Fanucchi Farms, Inc., Case No. 2013-CE-008-VIS, et al..

Patrick Cavanaugh2016-05-31T19:43:11-07:00November 6th, 2013|

Time Running Out for Immigration Bill

Republicans Must Compromise

On Immigration Bill

By Patrick Cavanaugh, Editor

and Laurie Greene, Associate Editor

While it’s true that the majority of workers on California farms do not have legal status. And while there is a limited number of legal ag worker programs, the primary one being H2-A which is a stymied, and stifled program that only provides about four percent of the legal workforce, there is a critical need to get an Immigration Billed signed by the President.

Craig Regelbrugge

“We only have a few more weeks to get something done, but I believe it will happen,” said Craig Regelbrugge, Co-chair of Agricultural Coalition for Immigration Reform, speaking at the recent 32^nd Annual Agribusiness Management Conference in Fresno.

‘There is more enforcement and much of that is in the form of I-9 audits, where government officials come in and audits a farmer’s paperwork, which leads to the firing of a large number of very experience workers,” said Regelbrugge. “These workers are generally not deported, but instead move on to rebuild their lives doing something else.”

“All this is leading to uncertainty and labor shortages with many crops such as pears, strawberries not getting completely harvested this year,” Regelbrugge. “We are also seeing lost opportunities and offshoring of production to foreign countries that have the labor and resources to produce crops and then export it to us. This all leads to economic and job loss and the ripple effect across the ag sector of the economy,” he noted.

“There is still time in the remaining few weeks for the house to work on a compromise,” he said. “Republicans should move bills that support their fundamental principals like market oriented, limited Government, individual initiative such as what immigration reform is all about,” noted Regelbrugge.

Central Valley Congressmen David Valadon and Jeff Denham deserve credit in their support of immigration reform. We need Devin Nunes to support the bill along with the third ranking Kevin McCarthy with us as well.

A 21st Century America requires a 21^st Century Immigration system. Doing nothing is not an option. The bottom line is that the house must act this fall.

Also speaking at the conference was Monte Lake, a distinguished lawyer from the valley, specializing in agricultural employment, immigration and regulatory law.

Monte Lake

“Our challenge over the years has been to unify agriculture,” said Lake. “We have made progress by uniting all the players who have been impacted to develop a program that works.”

“We need reform,” Lake continued. “We have a shortage of labor, not just a projected shortage, and it is a national problem.

Lake believes national immigration reform affects the Central Valley more than elsewhere. “Locally, many workers are undocumented and U.S. Immigration and Customs Enforcement (ICE) is in the Valley. Packers are now targeted and directed to fire 80% of their workforce. This often devastatingly disrupts harvest time. Before long, electronic verification of employment documents will be mandated.”

“The H2A program is the only guest worker program for agriculture and it does not work; only 4% of the workforce in California come through it,” said Lake. “H2A must have been designed by Soviet bureaucracy—it is cumbersome, unworkable and untimely for perishable commodities. The average bureaucratic delay is 22 days, and wage rates are not market-based.”

“The way to look at your future is you must have a Washington-perspective of what is doable,” Lake suggested. “A program that works must have basic standards demanded by the American public, including an acceptable basic wage, housing, and reasonable hours—a balance of worker and grower benefits.”

“But, here’s the challenge: it is not the world we want, it is the world we can achieve politically.”

The Senate has passed legislation for comprehensive agriculture immigration reform—theblue card program for the undocumented. Any undocumented who has worked in agriculture for 2 years, with a few caveats, can qualify for legal status. It is controversial because it touches on amnesty.

The intent is keep these individuals because we want to transition to an essential guest worker program, so we provide an incentive for undocumented farm workers to remain in agriculture. Visa programs and organized labor are against this.

The Senate supports factors such as administrative-free, work for anybody at will, administered by Department of Agriculture and not Department of Labor, with no cap on workers, careful consideration of wages for profitability, predictability and inflation.

Likewise, the House has drafted legislation that improves H2A but lacks structural changes. Undocumented workers can work for a 2-year period, but they must go home afterwards. A mass departure of farmworkers for an unspecified time concerns agricultural employers.

“Plus, mechanization has its limitations, and imports will increase,” Lake predicted.

Lake described a big advertisement by the agricultural industry this week in POLITICO, a widely read publication in Washington DC that shows an aircraft carrier sailing from American shores. On the deck is every type of agriculture, the message being that we are exporting our agricultural products overseas and must be able to compete internationally.

“We’ve go to solve this problem. If we fail, we will continue to have ICE and the H2A program,” warned Lake.

Lake summed up, “You have a good delegation in the Valley from both parties that recognizes the economic reality necessitating a viable immigration system. We’re talking about components: land, water, and labor.”

Lake emphasized, “You have to support and encourage the delegation; keep them active. Urge all of your colleagues in the industry to do the same. Make a lot of noise in Washington, DC because it impacts you. Keep up the pressure. Keep up the good work.”

Patrick Cavanaugh2016-05-31T19:43:11-07:00November 6th, 2013|

ALRB ORDERS ELECTION AT GERAWAN FARMS

Statement by Ray, Mike, Dan and Norma Gerawan Farming on new ALRB Decision

Fresno, CA – Gerawan Farming congratulates our many workers who, this morning, prevailed in their fight for the most basic right in a democratic society – the right to vote. The Board’s November 1, 2013 Order Vacating the Regional Director’s dismissal of the Petition for Decertification is a victory for workers across this State. An election shall be held at Gerawan Farming on Tuesday, November 1, 2013 Order. For the first time in over 23 years, the UFW will face the will of the workers.

Today’s decision is an historic event. The victory belongs to those workers who never gave up hope that the Board would listen to their pleas.

We are humbled by the perseverance of so many workers who refused to give up in their quest to hold a secret ballot election.

For the second time this week, the Board overturned a decision by the Regional Director that would have snuffed out that right. In this latest decision, The Board makes it clear that the Regional Director’s “last minute,” “eleventh-hour charges” in a “late filed complaint” left the Board “with serious doubts as to the propriety of using that complaint to block the election.” The Board rebukes the Regional Director for failing to mention statements he made in Fresno Superior Court, where he told Judge Jeffrey Hamilton that Gerawan and the Board remedied some of the alleged unfair labor practice charges he now claims justify blocking the election.

On Tuesday, November 4, millions of Americans will go the polls to choose their elected officials. It is fitting that Gerawan workers will be given the chance on that same day to exercise that same sacred right to decide their own economic destiny.

The Board made the obvious, just, and long overdue decision to let an election go forward.

We congratulate every one of our workers.

Patrick Cavanaugh2018-05-06T20:57:54-07:00November 4th, 2013|

CENTER FOR LAND-BASED LEARNING CELEBRATES 20TH ANNIVERSARY

Happy 20^th Anniversary!

CDFA Secretary Karen Ross reported TODAY, “I had the honor and pleasure to help celebrate the 20th anniversary of the Center for Land-Based Learning, a non-profit organization in Winters started by California State Board of Food and Agriculture president, Craig McNamara, and his wife, Julie, to help connect young people with nature and agriculture.”

“In the last two decades, the Center has become a force in this state for its extremely effective youth development and beginning farmer education,” Ross continued. “I want to commend Craig for his vision, passion and commitment of resources to make the Center an entity that touches so many people in such positive ways and is absolutely contributing to a better future for California agriculture.”

“Happy 20th Anniversary, Center for Land-Based Learning!”

_______________________________________

The Center for Land-Based Learning strives to inspire and motivate people of all ages, especially youth, to promote a healthy interplay between agriculture, nature and society through their own actions and as leaders in their communities.

The Center for Land-Based Learning envisions a world where there is meaningful appreciation and respect for our natural environment and for the land that produces our food and sustains our quality of life.

Patrick Cavanaugh2021-05-12T11:06:02-07:00October 26th, 2013|

INTERVIEW WITH DAN GERAWAN

UFW and ALRB Want to Impose Contract on Gerawan Employees

“The UFW won an election to represent Gerawan workers 23 years ago; but then, after only one bargaining session, the union disappeared and hasn’t been heard from in 20 years,” Gerawan Farming said in a recent statement. “Last October, the union reappeared and is using decade-old legislation to now impose a contract on the employer and the employees without a vote.”

California Ag Today associate editor Laurie Greene interviewed Dan Gerawan this week on what he is going through regarding the UFW and ALRB.

Greene: Please introduce your company’s products, # employees, etc.

Dan Gerawan: Gerawan Farming Inc., which grows and ships under the Prima label, is the world’s largest peach grower and employs about 3,000 workers. The company also farms table grapes, nectarines, and plums. We are a family-owned and operated company. Despite our size, I farm with my father, Ray, my brother, Mike, and my wife, Norma. We are very hands-on; this is what we do.

Greene: There are press reports that Gerawan is having a dispute with the UFW. What is that dispute?

Gerawan: We are not having a dispute with the UFW. Our employees are having a dispute. As a company, our dispute is with the state government that is trying to force a contract on us without giving the workers an opportunity to vote. People need to understand that this is not a normal union situation; it has to do with a law being used for something it was never meant for.

Greene: What is your stance on employees having a vote?

Gerawan: We believe the employees should have a vote, and they have made it known they want a vote. They are not saying how they will vote; they just want a vote. When they often express their opinions to us, we stop them and say, “Don’t tell us your preference; we support your right to vote, that’s enough. Everything else is your choice.”

Greene: Can you describe the chronology of your circumstances with the UFW and ALRB?

Gerawan: We lost an election with the UFW in 1990. We had our only bargaining session in 1995. There was never a contract, and the union failed to continue bargaining. The union disappeared; they abandoned our workers.

To this day, we don’t know why. They have told us, “We have no legal obligation to tell you.” We responded, “But you do have a moral obligation. How can you come back after 20 years and tell our workers that you want 3% of their money or you are going to fire them?”

The UFW wrote us a letter in October 2012 saying, “We’re ready to negotiate.” At the time, we couldn’t believe it since the employees didn’t even know they were represented by the union and had been working quite happily earning the industry’s highest wages. But then attorneys explained to us that the UFW would force us into a mandatory process where the state would actually impose the contract on us and our employees, and we would have no right to opt out.

So, the UFW pretended to negotiate for a while. After just eight brief bargaining sessions over a three-month period, during which the UFW never made an economic proposal, the UFW suddenly asked the government to step in to write and impose a contract us.

Greene: Can you explain the Mandatory Mediation Law?

Gerawan: In 2002, the state legislature passed an amendment to 1975’s Agricultural Labor Relations Act. That amendment allowed for mandatory mediation to be imposed in ag labor situations. However, ‘mediation’ is a misnomer; it is really mandatory arbitration. The legislature passed the law in response to a few employers, including one employer (not us) who supposedly dragged out negotiations for many years, 20 years in that particular case.

When the legislature passed that 2002 law, their thought was that that if an employee votes for a union, they are voting for a contract. However, in most industries, employees vote for representation and negotiation for a contract. This is not a normal situation where the union comes in to negotiate, with power, backing up the workers, and then the two parties negotiate a mutual agreement. This is the union invoking a law that allows the state to literally force a contract on the employer and employees.

Keep in mind that the law was meant to remedy dragged-out negotiations. There were no negotiations here to drag out; the union had disappeared. There is nothing in the legislative history that shows the law was to be used in these situations. The UFW’s and ALRB’s stance is basically, “The letter of the law… says if you failed to reach an ‘agreement,’ we can invoke this.” We responded, “That implies that you tried to reach an agreement. You guys never tried. You went away.” Their response, “Well the law doesn’t say we had to try, so we are using that law now to impose a contract.”

Greene: How do you respond to ALRB’s accusations of coercion and forgeries?

Gerawan: The Company has done nothing to coerce any signatures. We do not know anything about forgeries. We don’t know how many there supposedly are. We don’t know who caused those forgeries, and by that I mean I don’t know if they are saying we caused them or the union caused them.

It doesn’t take any coercion for the highest paid employees in the industry to realize that it is wrong for a union to come back after a twenty-year absence and tell them they will take 3% of their pay or fire them—without a vote. Not even a vote to ratify any contract that might happen.

After hearing this for a few months and being harassed at their homes multiple times by UFW people, the employees, on their own, began a decertification effort. They started a petition and turned it in to the ALRB. Immediately, the UFW started filing unfair labor practice charges against us saying that we were coercing our employees. That is silly.

We did not coerce, and in fact we invited ALRB to go out to our fields to make sure the workers understood they have the right to vote however they want. The ALRB did that.

We also did that. My wife, Norma, and I met with all the employees and told them, “Do whatever you want, choose however you want to choose. But congratulations on having achieved that right through your petition. We are not asking how you will vote.”

Greene: Could the signatures have been forged after you submitted them?

Gerawan: I really don’t know. All I know is thousands of signatures apparently were delivered.

Keep in mind, the union does not want the employees to have a choice, and they are fighting hard to stop the employees from having a choice, especially when the adjudicating agency has shown overwhelming bias against the employer and the employees.

The ALRB’s role, under the Agriculture Labor Relations Act, is to protect employees’ rights as a whole and to cause peace in the fields (which we had before the UFW and ALRB came into the situation). So why is the ALRB stopping the employees from having their vote just because of a relatively few questionable signatures from an unknown source?

After all, this is merely a vote.

We need to keep in mind that this is a declining union that has been gone for twenty years, has done nothing for these workers, and has returned only to pick the pockets of the industry’s highest paid workers and not even allow them to have a vote. I think it is unconscionable that the ALRB has done nothing to stop it, but in fact has taken every opportunity to accommodate this travesty.

Greene: Gerawan Farming has claimed that the ruling by Silas Shawver, regional director of ALRB, failed to provide a count of signatures filed, the number needed for a vote, and the number judged invalid.

Gerawan: This is correct. The ALRB blocked the election citing forgeries and coercion. Mr. Shawver is refusing to give out any information.

My wife and I informed our employees that the ALRB regional director in Visalia canceled their vote because supposedly we and the management of our company coerced our workers’ signatures. Our employees told me flat out that the only coercion has come from UFW and ALRB themselves.”

To continue this interview, please press “more” below!

Greene: What is behind the ALRB’s finding that Gerawan directly assisted the petitioner and others in the decertification effort?

Gerawan: We have not directly assisted the petitioner. So, what the ALRB is saying is not true. It is simply did not happen.

When the employees turned in their petition, the ALRB did not announce an election. The employees got very upset and demonstrated at the ALRB office in Visalia to demand their right to vote.

ALRB did not respond, but subsequently cancelled the vote, citing forgeries and coercion. The regional director is refusing to give out any information.

So, on September 30,over 1,500 of our employees reacted by going on strike to protest the ALRB’s and UFW’s cancellation of the vote. We thought we’d be harvesting peaches and grapes that day, but we didn’t.

Greene: Did Gerawan support the stoppage?

Gerawan: Oh no, we did not support the stoppage. We support the workers’ right to choose. But we did not want to see work stopped because we had fruit to harvest that day. But because the workers did stop, the cost for us was significant.

Greene: In a statement you said, “It is unfortunate that our employees felt they needed to take such a drastic action to have their voices heard. We are still hopeful that [the board] will protect the workers’ right to choose.” Are employees grateful for your company’s advocacy or opposed?

Gerawan: The employees have told us that they are grateful that we support their right to choose. At no time have we ever expressed a preference to them one way or the other. We want them to choose.

Greene: What rights do the UFW and ALRB have?

Gerawan: The UFW itself doesn’t have much power because they have such a small membership and are declining, but they have been handed an inordinate amount of power by the legislature. With such power, the UFW no longer needs workers’ support. They no longer need to organize the way a normal union organizes. Their members are created by legislation, not a vote.

We are about to have a contract literally written for us by a state agency and imposed on us. No one signs anything. Neither we nor our employees can opt out.

This type of ag labor unrest hasn’t happened since the 60’s and 70’s, and back then it was completely the opposite of what’s happening now. Back then, the workers wanted union and government protections. Now, the workers are fighting to be free from union coercion and government imposition. It’s hard to believe that the very law that was created to protect farm worker rights is now being used to rob those workers of their rights.

Greene: Why do you think the UFW is targeting Gerawan Farms?

Gerawan: I think they are going after the old abandoned elections.

We have the highest paid employees in the table grapes and tree fruit industry. No one disputes that, not even the union.

By the way, the union has no contracts with table grapes or stone fruit farm employees, and they have not been able to secure any. The last contract they had was with a Hanford farmer, and after a few years, those workers voted to throw the union out.

Clearly we are the biggest target, especially for a union that now is barely 3,000 members. If they prevail against our employees, this would double their size. Overnight, the majority of UFW members will be co-opted members created by legislative fiat, not by worker choice. The UFW needs this badly because their expenses exceed their income, and this is all public knowledge.

Greene: What is the employer mandated to do?

Gerawan: To live within the terms of the contract. There will be no other option. As an example of what the imposed contract will do, it will throw out our meritocracy, which has been an important part of our success, and replace it with seniority. That’s something we specifically told the ALRB arbitrator would harm us.

We made it clear to the ALRB, “Do not mess with that. We have been a shining example of success in creating high wages in an industry that has had a lot of failures. Don’t mess with our formula for success, please.” They completely ignored our plea.

Imagine any business having a contract written by the state and imposed on them–wages, working conditions and everything else. It’s hard to believe that it is actually happening, especially when we’re already paying the highest wages and benefits.

Greene: Did they have to prove any wrongdoing to do this?

Gerawan: To invoke mandatory mediation there has to be an unfair labor practice. We were found guilty of an unfair labor practice in the 1990s after the election. I think it was for laying off a crew at the end of the season.

Now that the union has come back, we have more unfair labor practice allegations. For example, for the buses to Sacramento, that we had nothing to do with, we have an unfair labor practice charge against us. For the employee walk out, that we had nothing to do with and which cost us a huge amount of money, we have an unfair labor charge against us.

Who adjudicates them? The ALRB. A charge does not mean you are truly guilty of doing something; it only means that the union has accused you of something.

Greene: What are your other unfair labor practice charges?

Gerawan: There have been many. It seems to be part of the game. For example, last October, when the union came in, we felt compelled to let our employees know about this. With our lawyers’ review, we sent our employees a letter with the facts only, but we received an unfair labor practice charge just for that.

So, because the UFW suddenly decides to reappear after being gone twenty years, we can no longer communicate with our employees?

Once the union files an unfair labor practice charge, the ALRB investigates, which takes months. Then, they will often side with the union against the employer and file official changes, which will eventually be heard by an administrative law judge. It could be a year or more before the facts come out. Meanwhile, the ALRB and UFW use those charges to damage your reputation, even though there has been no proper discovery or hearing.

Plus, if the unfair labor charge is used to block an election, and the investigation takes months, then the available time window for the election will probably lapse, and the employees’ right to a vote will be taken away from them. The system actually seems designed for that to happen.

Greene: Is there a pattern of unfair labor practices against you?

Gerawan: They come in batches. We got seven a few days ago for the bus trip, the strike, for whatever they conjure up. The unfair labor practice charges are just one or two sentences. From the union standpoint, they fill out a form, and then ALRB does the rest. ALRB sends their team of investigators out to “prove or disprove the unfair labor practice,” but I do not think they want to disprove anything. The ALRB has shown a clear pattern of wanting to rob our employees of their right to choose.

Greene: Gerawan is well known in taking good care of their employees. With this in mind, what could the UFW offer that is missing?

Gerawan: First of all, wage-wise, we are far above the rest of the industry. In fact, many in the industry have told me that they cannot believe that this is happening to the company that pays the highest wages and offers the best working conditions.

So what could the UFW possibly offer? Whatever it is that the state feels it can force the grower to pay whether or not it makes sense or is viable for the business. Again, this is not a normal situation where union organizers represent workers at the bargaining table.

Greene: What is it like for your employees?

Gerawan: The employees have told me that they cannot believe this is happening to them. They say they left Mexico because of things like this. They said, “You wait Dan, we’re going to have a vote.” I said, guys, I hope you do, but you may not have the chance. The employees said, “What do you mean? This is America! When the state hears that all we want is to vote, then they will understand.”

I had to tell them that I was sorry that this it is such a tragedy. We all assume that we will have the simple basic right to vote, but apparently that’s not how it is anymore.

Greene: You have met with Sylvia Torres-Guillén, the general counsel with the California ALRB. How did your conversation go with her?

Gerawan: Yes, my wife and I met her during one of our hearings. She was very cordial. We both had just heard my attorney tell the Judge that ALRB was so biased that it would never let our workers have a vote. We told her that we hoped that she would prove my attorney wrong because our employees need her help to protect their right to vote.

She said she would let them vote if… at which point I politely interrupted and pleaded to her that it was her responsibility to get rid of the “if,” and to make sure the rights of the workers were protected so that peace would be restored to our fields.

Patrick Cavanaugh2016-10-25T21:53:22-07:00October 14th, 2013|

Previous 333435 Next