Arnoldo Torres: Latino Leaders Must Do Better!

Op-Ed To California Ag Today

Latinos Need a Bigger Voice

By Arnold Torres

In this last round of elections, Democrats ignored the ugly and nationalistic demagoguery of immigrants from Central America that the 45th President pursued relentlessly before Election Day. They allowed the President to continue building a false narrative around immigration. In spite of many Republicans supporting some of the most offensive and verbal racial profiling by a sitting President, our Democratic response was, “vote for me, I am not Republican.”

This President was not only focused on mid-term elections but laying the foundation for his 2020 re-election. He spared no lie to whip up his base.

We heard no substance from Democrats except outrage and sharp criticism of Republicans. Liberal groups like the Center for American Progress and the Third Way noted that running on immigration would not be helpful in securing votes in states and Congressional districts won by the President in 2016. Democrats seemed paralyzed with political fear that they could not capitalize on the anger and growing rejection of Trumpism if they addressed the immigration issue.latinos

Democrats aggressively postured when Republicans followed their script of scapegoating and demagoguing immigrants. They hid behind their words of outrage, old proposals about legalizing Dreamers and no border wall and “abolishing” ICE. They offered no new vision for re-calibrating the policies and discussions that were needed to effectively and honestly deal with the pressures of desperate mass movements of people.

Democrats allowed this President to continue reinforcing a false, ignorant, and racist nationalism about Latino immigrants. The so-called “caravan of invaders” is being “pushed” from sending countries for the same reasons that pushed the ships that sailed with many European refugees/migrants that arrived on U.S. shores in the 1800s and early 1900s.

Latino “leaders” in the national immigration struggle and Latino elected officials in Congress have contributed mightily to the behavior of both parties. It really makes more sense if these Latino “leaders” would stop demanding specific action that has not come about even under President Obama. We must offer viable and balanced policies. The mass movement of people is originating in this hemisphere, and so it MUST fall to us to develop solutions, not ideology.

Due to the inaction of both parties, our community must develop the political agenda for immigration reform that will benefit our nation. Our vision must be specific and comprehensive. The narrative must be honest, factual, balanced and practical and we must begin working with various members of the California Congressional delegation from agricultural producing districts, such as ours. The Trump narrative does nothing more than to pollute the disposition of the U.S. public to push for effective and balanced immigration reform.

There is public support for reasonable reform; the Trump narrative has created a caustic image of immigrants that has become the default position of his base, which is infecting others. The time to act is now. We must realistically address the labor shortages in the agricultural and service industries in California and their dependency on unauthorized labor. We have to frame the issue in economic terms since humanitarian concerns clearly have not been enough.

Our policy outline must offer a constructive and practical new vision. It must include smart enforcement at ports of entry, increased resources for the Coast Guard, increased resources for detection of opioid trafficking from China and India via the internet, and increased resources for local law enforcement in cities located along drug corridors in the U.S. only for enforcement activities related to drug interdiction. Our immigration reform package must include enforcement of existing immigration laws. The GOP narrative is that Democrats are for open borders. Our new agenda must address the issue that drugs from Mexico significantly enter through ports of entry and via the internet from countries outside the hemisphere.

Our agenda must utilize evaluation analyses and propose no private sector detention centers—a vigorous oversight—and accountability mechanism outside of the Department of Homeland Security of these centers and ICE, Border Patrol agents, and the U.S. Citizenship and Immigration Service.

Enforcement must be balanced with permanent legal status for all “Dreamers” who meet the original criteria, temporary legal status for the parents of “Dreamers” who have a history of employment, especially in states that had labor shortages in agriculture, construction, and service sectors. We have to include a pilot temporary worker program with Mexico in U.S. states that have documented labor shortages in the above industries to begin to test new ideas. All federal and state labor laws would apply to these workers along with an increase in funding to monitor their treatment, working and living conditions, and employer compliance.

A critical component that we must explore is the creation of working groups between the U.S. and essential sending countries such as Mexico and those in Central America to discuss how to create a stable economic and security environment in their countries and specific regions that are the source of population movements to the U.S. We must not repeat the mistakes our economic and political policies have committed in these countries that are the foundation of the “push” factors, while not losing sight of the “pull” factors that exist within the U.S. serving as magnets for undocumented workers.

Lastly, we must evaluate and provide for a phased-in mechanism of these policy initiatives and include a legalization process, for the undocumented persons currently in the U.S., in the last phase of this process.

We know that Congressman Panetta and his colleagues from the Central Valley have acknowledged the ugly narrative but have taken no decisive action to date. It is important to note that two of his colleagues lost re-election. Was their loss due in part to the failure to move concretely on immigration, especially in the agricultural sector? It is essential that there be transparency around what Mr. Panetta and the Democrat majority in the House of Representatives will do to begin resolving the growing complexities around immigration. Let’s begin our discussion with a town hall meeting to take place in Salinas that allows an open dialogue concerning our proposal and what our new Congress intends to do.

Arnoldo S. Torres is a journalist, consultant, partner in the Sacramento, California based public policy consulting firm Torres & Torres, and the executive director for the California Hispanic Health Care Association.

2018-12-26T16:22:53-08:00December 26th, 2018|

Agriculture Labor Relations Board Carries Strong Bias, Expert Says

Michael Saqui: UFW and ALRB Are In Bed Together

By Mikenzi Meyers, Associate Editor

The Agriculture Labor Relations Board (ALRB), initially created by the Agricultural Relations Act, is a group designed to adhere to the well-being of farm workers. However, Michael Saqui, principal at the Saqui Law Group, carries a strong opinion in regards to this group. Saqui is an employer’s attorney on wage and hour, wrongful termination, labor relations, and employment litigation, just to name a few.

According to Saqui, “The ALRB has been set up for and by the United Farm Workers since its inception, and it continues more open today. In fact, they do less hiding of their bias than they have ever before … They’re emboldened by the fact that they are so unfair, and they almost dare you like most in the agricultural industry.”

Initially, the history of the Agricultural Labor Relations Act involved a great amount of grower input. When the UFW or any other farm union files a petition for representation, the election used to occur within seven days; however, producers pushed that it be changed to 48 hours.

“That was something proposed by the growers because they didn’t want crops rotting in the fields,” Saqui said.

“I practice before [ALRB] every week, and it’s surprising that farmers don’t sit on the board as they should.”

2018-11-16T16:36:10-08:00November 16th, 2018|

Is the UFW a Union?

Attorney Michael Saqui Says UFW is Social Reform Movement

By Jessica Theisman, Associate Editor

Michael Saqui, is a principal with the Saqui Law Group, based in Roseville and Salinas, and he recently shared some opinions about the UFW with California Ag Today.

“They’re not a union, in my opinion. I have been fighting the UFW my whole career,” he said.

Saqui Law Group handles wage an hour, labor relations, employment litigation, and other disciplines for the agricultural industry. He said UFW is far from being a union.

“They are not an organized union; they’re a social reform movement, plain and simple,” Saqui said.

“They’re a political action committee that raises money from the limousine liberals,” he said.

Saqui said that the millions that are contributed to the organization do not get back to the workers.

“They run very much like a criminal organization. The way they funnel and shield money and not much gets back to the farm worker.”

The UFW thinks they have been successful at what is called the Equitable Food Initiative (EFI), where they have gotten retail companies to sign onto a code of conduct.

“These metrics that they have put together for compliance in all areas, including wage an hour, treatment, and respect are already codified in California state law to make large companies and other folks feel good,” he said.

Saqui has had no input on the EFI which they point to as a success.

“They can’t organize workers and when they do organize workers, history has shown that they have been absolutely inept at getting contracts,” Saqui said.

2018-11-13T16:26:11-08:00November 13th, 2018|

Labor Challenges in Sweet Potatoes

Challenges Are High Demand for Innovation

By Mikenzi Meyers Associate Editor

Harvest for sweet potatoes is in full swing, which means long hours and high labor expenses for producers. Scott Stoddard, of the UC Cooperative Extension in Merced County, knows the difficult task at hand in managing time and money.

With new overtime laws in place, the extended work days during harvest can be costly to farmers. With insight into several operations, Stoddard explained, “Everybody is crunched and trying to get as much as they possibly can get done in a day.”

However, this isn’t the only issue farmers are facing, because although hourly pay is on the rise, labor is becoming more difficult to find.

Stoddard said, “I had a guy tell me last week when I was harvesting sweet potatoes that it is getting a little bit harder to find labor.”

All of these factors, he concluded, are driving forces for mechanical innovation.

Innovation and new pieces of equipment are continuing to “shake up” the industry, Stoddard noted. In a typical operation, it takes two passes in sweet potato fields to eliminate excess vines leading up to harvest. Stoddard said that the new machine is capable of removing vines pre-harvest in just one pass.

“It helps get rid of the extra little vines that are still left over after you flail mow the crop,” he explained.

Although this machine is costly, according to Stoddard, it is estimated to save about one person per harvester, which in the big picture can add up.

“It’s a little tweaking of the system, which will make sweet potato harvest more labor efficient.”

2018-10-31T15:19:52-07:00October 31st, 2018|

Labor Unions Could Be Cause of Farm Closings

Major Farm Operations With UFW Contracts Have Shut Down

By Patrick Cavanaugh, Editor

Farms operations shutting down due to labor unions and UFW contracts is something that is suspected, but businesses do not outright admit it, said Robert Roy, President/General Counsel at the Ventura County Agricultural Association based out of Camarillo.

“Last year, you had the closure of all of the strawberry operations for Dole,” Roy said. “They shut down all of the strawberry operations in Ventura and Santa Maria and Watsonville, so that was at one time very large UFW-contracted operations. They had over 1,500 workers since the mid-1990s.”

Roy explained that workers see no reason to pay three percent of their wages for many of the things that farmers are now providing that maybe they didn’t previously when UFW was around.

“Farmers have basically caught up with many of these UFW contracts, and selling the union to the workers is a much more difficult proposition, especially when they have to pay three percent of their wages,” he said.

Roy says that most Supreme Court decisions have been pro-worker as of recently, including a recent case involving a Starbucks employee.

“We have been watching some of their decisions over the last 12 months, and they’re very nuanced decisions dealing with wage and hour issues and rounding practices,” Roy said. “They recently issued a decision on a class action case where a Starbucks employee was owed $112 because after he clocked out, he would lock the door, and do other tasks. The California Supreme Court came back and said, ‘well, you know, $112 to some people is a week of groceries. He’s owed it.’ So the California Supreme Court is very pro-worker.”

2018-10-05T17:01:13-07:00October 5th, 2018|

WG Center for Innovation and Tech Celebrates Three Years

WG Center Brings Technology to Ag

By Patrick Cavanaugh, Editor

The Western Growers Association’s WG Center for Innovation and Technology in Salinas is turning three years old. Dennis Donahue, mayor of Salinas from 2006 to 2012 and currently the consulting director at the center, spoke to California Ag Today recently about the anniversary.

This center houses more than 50 ag-tech startup companies and is a hub for new developments in ag-tech with services ranging from infield robotics to renewable energy.

“The reality is you have to be making progress on all these things all the time,” Donahue said.fsma food safety flags in the field mean stop harvest here

The agriculture industry as a whole is facing many problems, including water supply, labor supply, water quality, and crop protection. And that’s why it’s so crucial for these startups to keep coming up with these new innovative solutions.

“Labor is a challenge because it’s getting tougher,” Donahue said. “The cost issues are—the supply issues are—intensifying, so that puts a lot of pressure on the automation piece and proof of concept, particularly in the field.”

“How do you get something crop off the ground, out of an orchard or clipped from a vineyard? That’s going to occupy a lot of time, cost efficiency, and technology. Those things are at best with some focus at three- to five-year play, and our problems may come a little sooner,” Donahue explained.

“California agriculture and the folks we deal with in the Western Growers network are bound and determined to address these problems. We often get a real dose of realism. ‘Look, here are the issues. Here are some of the things that haven’t been working well, and we need to work better, and we need to work faster.’ But, there’s no quittin’ the dog. You know, I think the industry is fully engaged, understands the challenges, and we’ve got a pretty good group of people determined to meet them on both the ag and technology side.”

2021-05-12T11:05:09-07:00October 4th, 2018|

ALRB Officially Certifies Gerawan Workers’ “No Union” Vote

“No Union” is Official Result

News Release Edited by Laurie Greene

TODAY, the Agricultural Labor Relations Board (ALRB) officially certified that a majority of the valid ballots from the November 5, 2013, election that were counted five years later in Fresno on September 18 were cast as “No Union.” In addition, the ALRB concluded that “the United Farm Workers of America thereby lost its prior status as the exclusive representative of the employees for the purpose of collective bargaining.”

Silvia Lopez, a Gerawan employee at the time, filed the petition on October 25, 2013, to decertify the UFW as the bargaining representative of the agricultural employees of Gerawan Farming, Inc., which led to the sanctioned decertification election a few weeks later. Today, Lopez commented, “I cannot believe what just happened today. The ALRB certified our votes and results. I am speechless and beyond excited and happy because justice was finally done.”

Count our votes Farm workers' rights UFW Endorsement "No Union"

Count the Votes

Said attorney Anthony Raimondo, “This is a great day for farm workers all across the state of California who can finally celebrate the fact that they wll be the ones who decide their future, not a government agency or a politically connected union. The workers will rest easy tonight knowing that their wages belong to them and will not be taken from them by the United Farm Workers union.”

“We are grateful that the ALRB has recognized the undeniable truth of the workers’ will as expressed in the vote,” Raimondo continued, “and relieved that the agency has decided to abandon its alliance with the UFW and work for the rights of California farmworkers rather than the financial health of a failing union.”

Jesse Rojas, spokesperson for Pick Justice, stated, “Pick Justice was started because of the courage, strength and determination of thousands of farmworkers who simply wanted the right to choose and to be treated equally like every other worker in the state and country. We are thankful that the ALRB finally did the right thing after 5 years of suppressing workers’ rights. Today is a historic and huge victory for the Gerawan farmworkers. Pick Justice is just getting started and will continue to advocate for what is right.”

Link: To review the ALRB Certification of the November 2013 Election to Decertify UFW issued TODAY, September 27, 2109, click on 44 ALRB No. 10.

2018-10-09T22:42:51-07:00September 27th, 2018|

Worker Transportation Pay is a New Threat to Agriculture

Plaintiff Trial Attorneys Pushing For Ag to Pay for Transportation Time

By Patrick Cavanaugh, Editor

Something serious that could cost growers a lot of money concerns paying for worker transportation to and from a field, which traditionally has not been paid.

Michael Saqui is the principal owner of the Saqui Law Group, with offices in Roseville and Salinas. He specializes in labor and employment in agriculture.

“We’ve been having area meetings around the state regarding what we consider to be the most pressing and catastrophic issue facing agriculture today,” Saqui said. “The macro view is the proliferation of litigation against farmers for wage and hour Private Attorney General Acts.”

Saqui said it’s moved from nonproductive time, which could have bankrupted many companies had there not been a fixed put in through AB 1513.

“However, now the California Rural Legal Assistance and plaintiff attorneys have moved to the next big issue and that’s farm worker transportation.”

Farm worker transportation spins off the fact that we have a serious labor shortage, and we’re transporting workers greater distances than ever before.

And workers in car crews and buses and vans are being transported or transport themselves greater and greater distances.

“And the theory, of course from plaintiff trial attorneys is that even when they’re clearly voluntary mechanisms by which workers get transported on buses and vans, that it’s defacto involuntary because their theory is that farm workers have no position or station in life to make their own free decisions or have no other means, which is simply not the case.”

“Our workers for the last 30 years through car cruise and carpooling arrangements in vans have been getting around in servicing our crop needs and we have the best, most productive workforce on the planet,” said Saqui. “The plaintiff trial attorneys just keep nipping at different issues, and this is an issue that could potentially cost us hundreds of millions of dollars.”

For more information go to www.CAFarmersforFairness.com.

2018-09-20T17:00:38-07:00September 20th, 2018|

Gerawan Votes Were Counted in a Professional Way

Votes Were Announced, Union or No Union

By Laurie Greene, Founding Editor

Following Election Protocols, below is a rundown of what happened at 2550 Mariposa Street, Fresno, California. The Gerawan ballots arrived by with ALRB officials carrying them in a black container with red handles. They arrived at the building at approximately 10:15 AM. Watch video here: https://youtu.be/dttdNbUQbG4

Number counted

ON STAGE

1 Veronica Cervantes ALRB Board Agent is running the election
1 UFW voter observer On stage, seated for observation and simultaneous tallying
1 Gerawan farm employee, Angel Lopez. On stage, seated for observation and simultaneous tallying
2 ALRB voter observers On stage, standing for observation
1 Gerawan farm employee On stage, standing for observation
2 ALRB employees On stage, standing for observation in Black Vests with ALRB patches
8 TOTAL ON STAGE

AUDIENCE

100 Silvia Lopez, Jessie Rojas (Pick Justice), Gerawan employees, people in red UFW t-shirts,; media.
2 Lawyers: Tony Raimondo, Ron Barsamian
1 Eduardo Blanco, ALRB
2 Assmb. Jim Patterson, Shannon Dee Grove (Kern County)

Observation Notes

Black cooler with red handles contains ballots.

Cervantes showed 21 large yellow Legal-sized? Envelope packets, each containing blue ballots and yellow #10 envelopes of challenged ballots

  1. Challenged ballots
    1. Cervantes removed ballots in yellow envelopes designating them as “challenged ballots.”
    2. Silvia said even if there are 300 Challenged ballots, “We’ll be OK.”
  2. Challenged ballots were identified during the Nov. 2013 election under the following circumstances:
  3. Farm employees were told to bring a paystub.
  4. Upon arrival, voters picked at random, were asked to show a California ID as well.
  5. If they lacked a second ID, CA ID, their votes were sealed in yellow envelopes designated as challenged ballots.
  6. Many voters told Silvia their vote was challenged. They were upset, angry and intimidated.
  7. TOTAL Contested ballots 634
  8. These contested ballots will be counted today only if necessary after the blue ballots are counted.
  • #10 Yellow envelopes identify and contain one challenged ballot each.
  • Placed in separate gray tote box to isolate them from the blue [non-challenged] ballots
  • See Silvia Lopez’s comments
  1. Blue Ballots
    1. Blue Ballot Rules. If voter:
      • used a check mark instead of an X OK
      • marked in the outer box instead of inner box OK
      • Marked “No” for unwanted option OK
      • Ballot with marking indicated the ID of the voter UNACCEPTABLE
    2. Counted in bunches of 50 2
    3. Read “No Union” in Spanish
    4. Cervantes made announcements in English, then Spanish
    5. 2:36

 

Union

No Union

Invalid

Challenged ballots

Ballots

197

1098

18

Total

635

 

 

7

No markings Unsufficient to affect outcome of ballot count

 

6

Markings on both boxes

2

Signature reveals ID (separated out)

1

Marked in the middle

1

Contains statement, sticker

1

?

1930 Ballots

Expected from 11/ 2013/

677

1948 Total voters

2645 # Names on list

2018-09-19T16:45:33-07:00September 19th, 2018|

Gerawan Statement on the Results of the November 5, 2013 Decertification Election

The following statement was issued on September 18, 2018, by Gerawan Farming Inc. regarding TODAY’S Decertification Election Ballot Count

Fresno, CA — Our employees have been waiting since November 2013 for their votes to be counted. After a historic struggle, they achieved that right today, in spite of the efforts by the UFW and the millions of taxpayer dollars spent by the Agricultural Labor Relations Board to deny them that right.

The final vote count was 1,098 “No Union,” and 197 for the UFW.  The employees overwhelmingly rejected the UFW as their bargaining representative – by a 5 to 1 margin – in spite of the ALRB’s last-minute, election day refusal to count approximately 640 ballots challenged by the UFW.

A secret ballot election is intended to embody and reflect the workers’ fundamental right to choose their representation. That right is at the heart of what the Agricultural Labor Relations Act is designed to protect and promote. Today’s vote tally leaves no doubt what our employees want.  It is a ringing endorsement of their right to choose, and a repudiation of concerted, unlawful, and anti-democratic efforts to deny them that right.

We call on the UFW and the ALRB to respect the choices of farmworkers, to certify the results of the election, and to decertify the UFW.  We call on the Legislature and the Governor to take immediate steps to ensure that the ALRB’s violation of the basic human rights of farmworkers never occurs again in California.

CONTACT: David Schwarz

(310) 277-1010

DSchwarz@irell.com

Featured Photo:  Silvia Lopez, Gerawan Farm Employee, listens to the Sept. 18, 2018 Ballot Count of Nov. 2013 Decertification Election.

2018-09-18T17:24:54-07:00September 18th, 2018|
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