ALRB Discharges Farmworker Vote, Part 2 Exclusive Interview with Attorney Raimondo

Anthony Raimondo, “Let the People Vote!”

 

In an exclusive interview with Fresno attorney Anthony Raimondo, California Ag Today’s Patrick Cavanaugh discussed the significance to farmworkers of yesterday’s Agricultural Labor Relations Board (ALRB) decision to “set aside” Gerawan farmworker votes from the ALRB-sanctioned November 2013 election to decertify the UFW. Raimondo is the attorney for the UFW union decertification petitioner, Silvia Lopez, an employee of Gerawan Farming, a Fresno County diversified tree fruit operation.

California Ag Today: The central California agricultural industry is flabbergasted this week following the California Agricultural Labor Relations Board’s decision to set asideand not countthe ballots of 2,600 Gerawan farmworkers cast in 2013. What is your take on this decision?

Anthony Raimondo, Fresno County-based attorney

Anthony Raimondo, Fresno County-based attorney

Raimondo: It is unfair because from the outset, we have argued all along that this entire process has been unfair and has denied the workers their “day in court” and their due process. From the first day that Silvia Lopez walked into the ALRB office in Visalia, the greatest opposition to her filing for an election has been the ALRB itself.

We had a judge who couldn’t stay awake for the hearing. We have board members who are—shall we say at the least—biased. In the case of ALRB board member, Genevieve Shiroma, we have a person whose entire career is intertwined with the UFW’s primary paid lobbyist. There’s no way these folks can be objective in a case that has this kind of stakes in the UFW.

And this case is all about money. If they can get a contract with Gerawan, the UFW will essentially double its revenue and double its membership overnight.

California Ag Today: What is at stake for the UFW?

Raimondo: There is a clear reason why the State would end up spending $10 million on this case: They want to silence these workers and save the UFW. There is no union organizing in the field; the UFW has abandoned organizing. They’re not out there getting the workers to support and join the union.

They’re in the courtroom and in the back halls of Sacramento, making deals to take control of these workers’ future, whether the workers want it or not.

Ag LawCalifornia Ag Today: In denying the ballot votes to be counted, the ALRB said it was unfair that the employer—Gerawan in this case—gave the workers a pay raise without permission of the state government or the UFW.

Raimondo: But even with this illegitimate process, the only thing that the Board actually found was that the employer violated the law—not the workers.

So the Board is going to punish the employees by destroying their ballots, like some sort of third-world dictator. What control does the farmworker have over what the company does? What can the workers do to protect their right to vote if their right to vote can be thwarted by what a third party—the company—does?

The workers’ right to vote shouldn’t be in the hands of the company, or of the union, or of anybody else. The California Constitution says that when people cast votes in our state, those votes must be counted. That’s apparently true, unless you’re a farmworker.

California Ag Today: And the agricultural industry is asking, “How can the State of California and the state ALRB get away with this?”

Raimondo: It’s appalling what they’ve done here. It really is appalling. They’ve decided that the best way to control the behavior of an employer is to punish the workers who have no control over that employer.

You know there’s no reason that, if they believe that that election was tainted, they can’t run another election. I’ve spoken to Silvia, and Silvia’s not afraid of letting the people vote. I wonder if the UFW is as brave.

Let the people vote.

California Ag Today: Is the ALRB and the UFW requesting a new vote?

Raimondo: No, they want the farmworkers to stand off to the side and be quiet while the UFW makes the deal through political moves to take their money.

California Ag Today: What’s next?

Raimondo: We are planning, on Silvia’s behalf, to file briefs in the ongoing mandatory arbitration case that is sitting before the California Supreme Court. The UFW has a brief due and the Court has not yet set a hearing date.

We’re hoping that the Supreme Court will be kind enough to give us the opportunity to speak in that case, as the Court of Appeal did. So that case still provides us with a very real chance to vindicate the workers’ rights.

In the election case that was just decided, we are planning on filing a petition for reconsideration with the Board. We think that they need to think twice before they destroy people’s ballots.

California Ag Today: The ballots have not been destroyed at this point, right?

Raimondo: We don’t know. That’s a question only the ALRB can answer.

From my view, I would hope that they were not rushing to have a bonfire today.

I would think that because these votes are precious and irreplaceable, the Board would show the restraint to withhold taking any action on the ballots until the parties have had the opportunity to pursue the various legal options that we have to challenge this decision and make sure they are doing the right thing.

_______________

Resources:

ALRB Decision and Order Case No. 2013-RD-003-VIS, 39 ALRB No. 20, April 15, 2016)

Agricultural Labor Relations Act Employee Questions & Answers ELECTIONS

Petitioner Silvia Lopez’s Petition to Disqualify Board Member Shiroma, ALRB Case No. 2013-RD-003-VIS (39 ALRB No. 20)

California LABOR CODE SECTION 1140-1140.4

Pick Justice

2016-05-31T19:24:06-07:00April 19th, 2016|

ALRB Discharges Farmworker Vote, Part 1

ALRB Abolishes Gerawan Farmworker Vote

By Laurie Greene, Editor

The Ninth Amendment to the Constitution of the United States pays tribute to “unenumerated” rights of citizens—rights not specifiedsuch as the right to travel, to vote, to keep personal matters private and to make important decisions about one’s health care or body, as upheld by the Supreme Court over the years. Likewise, the cherished American legal notion of “No taxation without representation,” generally attributed to James Otis embraces “actual representation” over “virtual representation.”

Yet, Court documents issued on Friday, April 15, 2016, by the Agricultural Labor Relations Board (ALRB) upheld the September 17, 2015 decision by Mark R. Soble, Administrative Law Judge, ALRB, to set aside farmworkers’ ballots in a 2013 election to decertify mandated representation by the United Farm Workers of America (UFW).

The following paraphrased issues were among ALRB findings:

Gerawan Farming committed unfair labor practices under California Labor Code section 1153 by providing unlawful assistance to the decertification effort against the UFW, directly soliciting grievances and granting employees a wage increase.

-Petitioner Silvia Lopez, a Gerawan farmworker, solicited and received an unlawful donation from an association of which Gerawan was a member.

The ALRB concluded these unlawful actions (a) make it impossible to know if the signatures collected represent the workers’ true sentiments and (b) created an environment, which would have made it impossible for true employee free choice when it came time to vote.

“As a result of the employer’s unlawful support and assistance,” Judge Soble, in September 2015, called for “setting aside the decertification election and dismissing the decertification petition. Given that the unlawful conduct tainted the entire decertification process, any election results would not sufficiently reflect the unrestrained free expression of the bargaining unit members.”

Thus, the UFW, voted in by Gerawan farmworkers in a runoff election in 1990, certified by the ALRB in 1992, never reached a contract to represent the farmworkers in wage negotiations with their employer, and did not collect dues from or provide services for the farmworkers, reportedly among the highest paid in the industry, effectively abandoned the Gerawan farmworkers. 

When the California State Legislature amended the Agricultural Labor Relations Act in 2002 and 2011 to allow and to accelerate the process for imposed mandatory mediation and conciliation for a union contract, UFW offered a new contract proposalafter having abandoned the Gerawan farmworkers from 1995 and 2012.

Despite a lower court’s rejection of the so-called mandatory mediation and conciliation provision, the ALRB appears to have been successful in forcing UFW representation and mandatory dues collection on current Gerawan employees, after 25 years of ineffective UFW involvement that encompassed about 18 years of no involvement whatsoever—and certainly without counting their votes.

Click here to read, “ALRB DISCHARGES FARMWORKER VOTE, PART 2 – EXCLUSIVE INTERVIEW WITH ATTORNEY RAIMONDO: LET THE PEOPLE VOTE!”

2016-05-31T19:24:06-07:00April 19th, 2016|

Farmers Generous to Food Banks

Farmers Generous to Food Banks

By Laurie Greene, Editor

California farmers are stepping up to supply fresh fruits, vegetables and meat products to the state’s network of food banks as part of the Farm to Family program. Jim Bates, chief financial officer of Fowler Packing in Fresno County, said “It’s a program we’ve been supporting for 20 years, starting with donations of peaches, plums and nectarines.”

“Unfortunately, 20 to 50 percent of the product we grow doesn’t make it to the marketplace,” Bates explained, “sometimes because of a very small cosmetic blemish. Bates says farmers like him really want to take advantage of these unmarketable crops and help the working poor in the Valley. “We don’t want to dump this product; we definitely want to donate it. So, we have developed contacts with the food banks and found ways to transport our products in cardboard bins, plastic bins—whatever they can take—and get it to them.”

Jim Bates, chief financial officer, Fowler Packing

Bates noted that Fowler Packing, which farms and ships tree fruit, including mandarins, and table grapes, is doing well, and the company would like to pay it back. “We have made big investments over the years; we’ve retooled our packing house, our mandarin and table grape operations are doing well, and we’ve had good times. We want to give back to the local community that has been so good in supporting us year in and year out.”

Andy Souza, president and CEO of the Community Food Bank in Fresno, noted the dramatically increased produce and meat donations from farming companies, “from almost 19 million pounds a year to almost 40 million pounds in the last three years. And yet, in our service area, we are only meeting about two-thirds of the need. We serve all five counties from the southern end of Kern County, including Tulare, Kings, and Fresno Counties, all the way to Madera County, and the need just continues to grow. We have seen the drought; we have seen the effect of changing commodities; and the impact on farm labor is a very natural part of an economy.”

Souza said Community Food Bank’s connection with those in need is critically important. “It is not just doubling the amount of pounds,” he elaborated, “it is the fact that for so many of the families we serve, we are the only source of fresh produce for them. And the result of not getting fresh produce is what we have seen in each of our five counties: childhood obesity rates over 40 percent.”

“It is rewarding for us to be the vehicle that actually touches the lives that these farming families are supporting. Without their support and donations, it would be an empty warehouse. We, in turn, provide the connection to our families in need. Our staff knows, on a very personal basis, the opportunity to hand fresh food, fresh produce, to families knowing it will be on their tables that evening,” Souza noted.

Souza said quite candidly, he has learned over the last five years, all he has to do is ask the farming industry for help. “The farming community, the ranching community—agriculture in general—is very giving if we ask. We have also learned you don’t ask the packing shed in August. By the time August rolls around, first, they are just incredibly busy; and secondly, they made those decisions in February. So we are learning and looking to the industry for great support and great help. We have been able to make an incredible partnership with the agricultural community here in the Valley.”

Souza said cash donations from companies and from the general public also help immensely because “the ability we have to stretch financial donations is incredible. For every dollar that is donated, we can provide seven meals for a family. If folks would love to come alongside us, we can be reached at communityfoodbank.net. There is a “Donate Now” button there, and we would love the opportunity for folks to partner with us. Right now we have just over 8,000 partners each year and we would love to see that number grow to 10-, 12- or even 15,000.”

_____________________

Links

California Association of Food Banks (CAFB)

Community Food Bank

Farm to Family

Fowler Packing

2021-05-12T11:17:15-07:00January 6th, 2016|

Henry Gonzales, Ventura County Ag Commissioner

Ventura County Ag Commissioner Henry Gonzales Started as Fieldworker

By Patrick Cavanaugh, Deputy Editor

California Ag Today interviewed Henry Gonzales, Ventura County Ag Commissioner, who has served in that post for 7 years. His unique story begins with his birth in Fresno and his work in the California fields at an early age.

Gonzales: My parents were migrant farmworkers, and back in the day, there was no day care for us, so they took us to the fields with them. I like to think I my career started in agriculture when I was old enough to pick up a plum and put it in their basket. We worked a lot in the Fresno area, but also in the San Jose area and Imperial County, following the crops as most migrant farmers do.

CalAgToday: You started working as a child, and what happened next? Did you and your family continue as a farmworkers?

Gonzales: We continued farm working for many years. We used to live in farm labor camps, whenever they were available. Sometimes we stayed with relatives or anywhere we could find. There were times when the only places we could find were the trees in the orchard, so sometimes we stayed there.

CalAgToday: So, when you were 13, you went off on your own?

Gonzales: Yes, when I was 13, I did what I thought I should do—work under my own social security card. I started working in the fields around Salinas. I was actually in the same lettuce harvesting crew with my grandfather who was 69 at the time.

CalAgToday: Well, Henry, walk me through it. How many years did you work with your grandfather?

Gonzales: I worked every summer and weekends since I was 13 through high school in the fields around Salinas.

This painting was done by Henry Gonzales's mother depicting his early work in the fields

This painting was done by Henry Gonzales’s mother depicting his early work in the fields.

 

 

CalAgToday: Tell me about high school.

Gonzales: I felt very strongly about completing high school because I know my parents did not. But you may find it interesting that when I was working in the fields around Salinas, I was a card-carrying member of the United Farm Workers (UFW).

CalAgToday: So the UFW recruited you early, or were you a supporter?

Gonzales: Well, it was a closed-shop situation; if you worked in that company, you were a member. So I believe I am the only ag commissioner who was once a card-carrying member of the UFW.

CalAgToday: And why is that significant to you, Henry?

Gonzales: As you know, in agriculture, farmworkers are, almost literally, the backbone of the industry. They are the ones doing all the heavy lifting. So, having that background really provides me with a broader perspective because I can understand farming from the ground level up. Coupled with my Bachelor of Science degree in agricultural science, my field work experience has given me a well-rounded background for agriculture.

I started working for the Monterey County Ag Commissioner’s office over 30 years ago. All Ag Commissioners start at the bottom of the organization, so I began as an agricultural inspector-biologist and worked my way up to deputy, chief deputy, and then seven years ago, I became Ag Commissioner here in Ventura County.

CalAgToday: So suddenly a job became available in Ventura County?

Gonzales: That was kind of interesting. I was in Monterey County with a great job, a great boss, and I could do pretty much what I wanted. But I got a call from Ventura County inviting me to apply for their ag commissioner position. I checked with my wife, and she said ‘Sure, why not? Try it!’ I did, and as they say, the rest is history.

I applied and got the position. I was reappointed here three years ago, and I am hoping to do at least one more term after my current term is over. I think all my years working for the Monterey County Ag Commissioner’s office, my degree in Ag Science, and my master’s in public administration, coupled with my childhood years working in the field really gives me a broad background in agriculture, especially as it exists in Ventura County and in the state of California.

CalAgToday: How did you have time to get a masters degree in public administration?

Gonzales: Well, while I was working for Monterey County, I spent a lot of sleepless nights and weekends in order to earn that degree from Golden Gate University’s satellite office in Monterey.

CalAgToday: When you look back, you have come so far from your beginnings as a farmworker, and you have seen so much. How do you put all of that together?

Gonzales: My experience has provided me with the broadest perspective, so when I deal with a challenging issue, I can see it from all vantage points, and that is very helpful to me in doing my job.

 

2021-05-12T11:06:00-07:00December 30th, 2015|

ALRB on Entering Private Property

ALRB on Entering Private Property to Educate Workers:  Is the ALRB going too far?

By Patrick Cavanaugh, Deputy Editor

The California Agricultural Labor Relations Board (ALRB) wants to enter private property farmland for the purpose of educating farmworkers on their rights as farm laborers in California. Of course, farmers want their workers to be happy and content with their work and that means knowing and understanding their rights as farmworkers.

“But the ALRB is going too far,” said attorney Ron Barsamian of Barsamian & Moody in Fresno, which represents many agricultural businesses throughout California in labor and  employment law.

“I wanted to get into some pragmatic issues that I feel have not been considered. For instance, the lack of efficiency in trying to get access to all these different ranches is just not going to work,” said Barsamian. “You are going to have staff tied up forever. I don’t think they have taken into account the different geographical areas, the different ag sectors. For instance, are you going to spend as much time educating two or three people working at a dairy as you would a crew of 50-60 people?”

2016-05-31T19:27:06-07:00October 15th, 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.”

ALRBWhen 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).)

2016-05-31T19:27:10-07:00September 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.”

2016-05-31T19:28:05-07:00September 10th, 2015|

ALRB Pushes Worksite Access

ALRB Pushes Worksite Access in Upcoming Public Hearings

By Laurie Greene, Editor

 

Announced TODAY, The Agricultural Labor Relations Board ( ALRB) will be traveling to key agricultural areas in the state next month to hear comments from  farmworkers, employers and the public on the ALRB’s proposed rule to permit ALRB staff worksite access to educate farmworkers and field supervisors about the rights and responsibilities provided by the Agricultural Labor Relations Act (Act).

 

The public hearings will be held in Fresno, Salinas, Santa Maria and Oxnard, from 10 a.m. to 5 p.m. or until such time that all public testimony has been received.

 

Further information about the hearings appears at the end of this article.

 

THE PURPOSE OF THE ACT

 

The ALRB reports:

In 1975, the California State Legislature passed the Agricultural Labor Relations Act guaranteeing certain rights to California farm workers. The purpose of the Act is to “ensure peace in the agricultural fields by guaranteeing justice for all agricultural workers and stability in labor relations.” The Act states that it is the policy of the State of California to encourage and protect the right of farm workers to act together to help themselves, to engage in union organizational activity and to select their own representatives for the purpose of bargaining with their employer for a contract covering their wages, hours, and working conditions. The law prohibits the employers from interfering with these rights, protects the rights of workers to be free from restraint or coercion by unions or employers, and it prohibits unions from engaging in certain types of strikes and picketing.

 

The Agricultural Labor Relations Board is the agency which administers the Act and protects the rights of agricultural employees in various ways. For example, the Act creates a method by which workers may select a union or other representative to bargain with their employer if they wish. Agents of the Board conduct secret ballot elections to determine whether workers wish to be represented and if so, by whom. Also, the Act gives authority to the ALRB to investigate, process and take to trial employers or unions who engage in actions which the Act describes as “unfair labor practices” (ULPs). When Board employees conduct an investigation and obtain enough evidence to show that an unfair labor practice has been committed, a “complaint” is issued and a hearing is held at which each party has a right to present its side of the case. The Act guarantees the rights of employees to engage in, or to refrain from, union activities or “concerted activities,” such as acting together to help or protect each other in matters related to their employment.

 

ALRB HEARINGS AND LOCATIONS

  • Each facility will accommodate between 150-200 persons.
  • Spanish, Mixtec, Trique and Hmong interpreters will be available for language assistance. Other language services are available upon request.
  • The hearings will be recorded and an electronic copy of the transcript will be available.

FRESNO

Wednesday, September 9th

Doubletree by Hilton Fresno Convention Center 2233 Ventura Street, Salon C, Fresno (559) 268-1000

 

SALINAS

Monday, September 14th

Elks Lodge, 614 Airport Boulevard, Salinas  (831) 424-8039

 

SANTA MARIA

Tuesday, September 15th

Santa Maria Inn, 801 South Broadway Santa Maria (805) 628-7777

 

OXNARD

Wednesday, September 16th

Courtyard by Marriott, 600 E. Esplanade Drive Oxnard (805) 988-3600

 

You may contact the ALRB Executive Secretary’s Office at (916) 653-3741 or jbarbosa@alrb.ca.gov with any questions.

2016-05-31T19:28:07-07:00August 14th, 2015|

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.
2016-05-31T19:43:11-07:00November 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.
2018-05-06T20:57:54-07:00November 4th, 2013|
Go to Top