Pick Justice Stands By Courageous Gerawan Farm Employees

Pick Justice’s Jesse Rojas and Gerawan Employees Will Never Give Up

By Laurie Greene, Founding Editor

For nearly five full years, Gerawan Farming Inc. employees have fought a legal battle for the State of California to count their votes cast in the November 2013 election to decertify the United Farm Workers (UFW) as their bargaining representative. According to Jesse Rojas, a farm worker rights activist and spokesperson for Pick Justice, “Anything the UFW does, the California Agricultural Labor Relations Board (ALRB) is right next to them; and anything the ALRB does, the UFW is right next to them. They are one single entity for the most part; they are a partnership.”

Rojas said the ALRB and UFW filed an appeal to the state Supreme Court this week of the Fifth District Court of Appeal decision to count the votes. “We would not be surprised if the state Supreme Court accepts the appeal because Governor Brown appointees and friendly judges would always be likely to take the case,” said Rojas.

“This is where the UFW and the ALRB have failed to mention to the public the fact that we are just asking for the votes to be counted,” Rojas explained. “We are not saying, ‘Certify the results.’ We are not saying, ‘Once you open them and count them, let that be the final choice.’”

“We are saying, ‘You can still litigate it,’” Rojas continued. “‘You can still appeal it. You can still destroy [the ballots] if you want but count them. So why are you so afraid to simply count them?’”

Gerawan Employees

Gerawan Farm Workers Protest against UFW at California Supreme Court.

‘This is the perfect question for the UFW, the ALRB, and our California legislators: Why are you so afraid? Employees deserve to know what the choice was, even if you choose to destroy [the ballots] afterward,” Rojas said.

Rojas explained how Governor Brown appointed people to the ALRB who are UFW sympathizers or people who have worked for the UFW.

“It is not only corrupt, it is also very sad and unfair to see over the last years how many companies and jobs have been lost. How many employees and families have been affected? I am not talking just about Gerawan Farming Inc. workers. We can go on and on in McFarland, Delano, Bakersfield, Salinas and Santa Maria for similar examples of how the ALRB has failed to protect farm workers.”

“Launching Pick Justice was great because it started with thousands of Gerawan farm employees who have been very courageous and have not given up,” Rojas explained. “Pick Justice expanded when other workers started reaching out to us from different companies, perhaps dealing with different issues. For example, we have a lot of workers from the Monterey and Salinas area that have been under a UFW contract for decades, but the UFW fails to protect them.”

“The UFW neglects its members by not reporting certain things to them, by segregating those employees who are unhappy with [the UFW] as well as keeping them away from information or meetings,” Rojas said. “Also, by being on the side of the employer—whatever the employer wants to force upon the workers, even if it’s not in their best interests—and forcing it down their throats.”

“After I reached out to Silvia Lopez, we started to meet over the following months. Many of the workers reached out to me. I have spoken to them on my phone. I’ve gone to their houses. I know their spouses. I know their children. I’ve eaten with them, and that’s where I became even more passionate. I said, ‘Look, you guys are the face of this. Your courage is what makes this effort great over so many years; you just don’t give up. You know what you want, and you know what is right.’ ”

Jesse Rojas, spokesperson for PickJustice.com

“All I have to do,” Rojas continued, “is help you with communication media using techniques that I know, which is so simple. Social media, digital marketing, things that I grew up with and that I’m very good at. Pick Justice is not about me; it’s about them. If they weren’t still fighting, if they weren’t as strong and courageous as they are, we would not have Pick Justice today.”

“In this fight, we’ve gone up against almost all odds. We are going against the state government. We are going against a three- to four-decade-old system, with views, opinions, and decades-long teachings of the UFW and its leaders—its idols, per se—who have parks, schools, and streets named after them.”

“We’ve been attacked, and we continue to be attacked. But we know what we’re doing is right, and we have the numbers. If I didn’t have thousands of workers standing behind me, I wouldn’t be able to do this.”

Rojas said the Gerawan farm workers absolutely knew if they kept fighting, they would be vindicated.

“They did not give up; they are so motivated. And now, we’re in a waiting game for the most of accounting, but the stakes are high.”

Silvia Lopez

Silvia Lopez, Gerawan Employee

“Think about Silvia Lopez,” he said. “You don’t think she’s going to be attacked by the UFW after attending Ivanka Trump’s recent Central Valley event? You don’t think I’m going to be attacked? I’ll give you an example. When Silvia met Tim Donnelly, a 2014 gubernatorial candidate who cared about her story, the UFW circulated a flyer of that picture and called her a racist towards all employees. Why? Because she’s searching for help for farm workers.”

“The UFW is weak; they represent less than one percent of the farm workers. California has an estimated average of 800,000 farm workers in the state—could be more, could be less,” Rojas said. “Current UFW membership fluctuates around 5,000 active members—less than one percent of farm workers. So for them to continue to be quoted as ‘the champions for farm workers and for Latino workers’ is absolutely wrong.”

“Specifically, their words and their actions do not go with one another,” he continued, “including their stance on immigration. If people simply looked up some of the legislation opposed by the UFW, they would see that the UFW is actually not for immigration. It is ironic and hypocritical to keep quoting and portraying the current UFW leadership as pro-employee and pro-Latino.”

“I know I will never give up and I know that thousands of workers behind me will never give up.”

2018-07-26T19:45:07-07:00July 26th, 2018|

Bayer Brings Legislators to Farms for Right Reasons

Inaugural Farms Will Replace Pen with the Plow

By Mikenzi Meyers, Associate Editor
Rob Schrick, Bayer CropScience

Rob Schrick, Bayer Crop Science

Bayer Crop Science is giving legislators the opportunity to trade in dress pants for denim, by providing farms just minutes away from their office. Rob Schrick, Bayer CropScience strategic business lead for North America, is working with growers to have an inaugural farm outside of Washington, D.C., and eventually Sacramento to show lawmakers real farming practices.

“A lot of these folks that are writing laws for us in ag have never been on a farm,” Schrick said. “These are the very people that work every day towards California laws and regulations on farms that they have never seen.”

This will give lawmakers a taste of the work farmers in our state do every day. Although the San Joaquin Valley is the heart of agriculture, the key is a convenience for the government, which is why they are looking to the Sacramento area for their next farm, explained Schrick.

“Let’s get them out there and showcase the growers using technology in an everyday environment,” Schrick said.

2018-07-25T16:00:50-07:00July 25th, 2018|

One Company, Big Mission – That’s Gowan

Keeping More Crop Protection Tools Available at Gowan

By Mikenzi Meyers, Associate Editor

Cindy Smith with Gowan

With regulations on resistant management products getting increasingly strict, it is important that farmers keep all of their tools in their toolbox. That is where Gowan, a family-owned crop protection company, comes in. Cindy Smith, agricultural relations director, has a proven track record of dedication to the business.

“When you work for a small family-owned business like Gowan, you have the opportunity to do many things,” said Smith, who has been involved in various positions from regulatory to commercial. She is now focused on policy, and how it not only impacts growers but ultimately consumers.

Since its beginnings in Arizona and California, the company has grown internationally to form partnerships with Japanese companies. Despite their exponential growth, their services remain grounded.

“Our focus is niche fit, so it’s specialty crops and it’s niche fits in big agriculture,” Smith explained.

California agriculture is critical to their business, and the team is dedicated to upholding California’s status as an elite producer of agricultural goods—despite the threat of overregulation.

2021-05-12T11:01:54-07:00July 16th, 2018|

Motion Filed in Fifth District Court to Count the Votes!

Editor’s Note: Anthony Raimondo with Raimondo & Associates filed a motion with the Fifth District Court of Appeal in Fresno to count Gerawan ballots .

 

SILVIA LOPEZ AND GERAWAN FARMING, INC V. AGRICULTURAL LABOR RELATIONS BOARD

COURT OF APPEAL OF THE STATE OF CALIFORNIA IN AND FOR THE FIFTH APPELLATE DISTRICT (FRESNO)

No. F073730

To Whom It May Concern:

On May 30, 2018, the Fifth District Court of Appeal in Fresno issued a unanimous decision that the Agricultural Labor Relations Board (ALRB) violated farmworkers’ Constitutional and statutory rights by refusing to count their ballots, essentially stripping them of their right to decide for themselves whether to be represented by a union.

Silvia Lopez and her co-workers from Gerawan Farms organized themselves in opposition to the state’s effort to force the United Farm Workers Union, a dying union looking to save itself with money from their paychecks, and through determination, organization, and civil disobedience forced the ALRB to hold what was the largest farmworker vote in history. From the dawn hours to late in the evening, thousands of farmworkers voted on whether to be represented by the union. Sadly, the ALRB, in cahoots with the union, refused to count the votes, suppressing the workers’ vote in order to protect the UFW.

Anthony Raimondo

Anthony Raimondo, of Fresno-based Raimondo & Associates, attorney for Gerawan employee spokesperson, Silvia Lopez

Since that time, the workers have been fighting to expose ALRB corruption and get their ballots counted. While they believed that day had finally come, the ALRB has chosen to defy the court and continues to refuse to count the ballots. In fact, the ALRB refuses to confirm where the ballots are stored, or whether it has them at all.

On behalf of the Gerawan workers, Silvia Lopez has filed a motion with the Fifth District Court of Appeal in Fresno, respectfully requesting that the Court order the state to immediately open the ballots, complete the election process, and preserve the record of the election as appeals wind their way through the Court.

The workers believe, as the Court ruled, that to suppress worker votes violates not only principles of democracy, but principles of government transparency as well. In the view of the workers, there is simply no justification to refuse to count the ballots, except for a desire to avoid exposing the overwhelming worker opposition to UFW representation.

2018-07-06T18:03:29-07:00July 6th, 2018|

California Agriculture’s Future in the Hands of New Tariffs

There Is Worry that Some Companies May Lose Ground on Exports to China

By Mikenzie Meyers, Associate Editor

California growers are on edge due to newly imposed tariffs that could cause the state’s agriculture to suffer. After China recently retaliated against the United States’s steel and aluminum tariff by pushing its own on U.S. imports, they have good reason to be worried. California Ag Today recently spoke to Shannon Douglass, first vice president of the California Farm Bureau Federation, who is heavily involved in this conversation.tariffs

“No matter what you’re growing, so much of our products are exported, and so it’s a really vital concern to many of our farmers,” Douglass said.

She explained that it isn’t just a concern for those involved with fresh produce—which might be the first affected—but also any farmer who depends on sales to foreign markets.

One of the biggest concerns is losing the progress made in growing the foreign market, but Douglass seemed hopeful as CFBF has continued working with those driving legislation,

“We certainly don’t want to lose that ground that we worked so hard to develop,” she said.

Agriculture has always been a winner in the trade arena, and although the climate of foreign markets may be uneasy, Douglass and the California Farm Bureau Federation are continuing the conversation to make progress toward a hopeful future for all farmers.

2018-06-26T14:41:07-07:00June 26th, 2018|

The Need to Harmonize Maximum Residue Levels

Nearly All Produce Has Zero Residues of Crop Protection Products

By Mikenzi Meyers, Associate Editor

It can be tempting to grab a piece of produce right off the shelf and take a bite. We have the California Specialty Crops Council and the MRL Workshop to thank for this! MRL stands for the Maximum Residue Level on any agricultural produce.

Now, the words “residue level on produce” may be alarming, but it is important to note that we are talking about parts per billion that are far below the unhealthy level. In fact, nearly all produce has zero residues!

maximum residue level

Gary Van Sickle, Specialty Crops Council

The MRL Workshop is an event that has been held for the past 12 years in San Francisco, where experts from around the world come together to discuss new findings and challenges.

Gary Van Sickle, executive director of the California Specialty Crops Council, explained that a significant issue within the industry is the lack of harmonization amongst the countries.

“You’ve gone from a situation where many countries that used to use the Codex Food Safety Standard are now moving forward with setting their own, and every one of these standards is a little different,” Van Sickle said. “This creates problems for agriculture producers trying to export produce to countries with their standard.”

The MRL Workshop helps to identify these problems and recognize how to start solving them. According to Van Sickle, the keys are transparency and regulations that are reasonable.

When considering the number of specialty crops California exports across the world, the importance of this workshop becomes more and more evident.

2018-06-12T16:41:06-07:00June 12th, 2018|

Product Recall Awareness

Social Media Can Hurt a Company

By Jessica Theisman, Associate Editor

Product recall coverage has a publicity element. California Ag Today recently spoke with Caitlin McGrath, national product recall and contamination risk consultant with Lockton Insurance Brokers, about the importance of the topic.

Caitlin McGrath, with Lockton Insurance Brokers.

Product recall coverage’s publicity element can be adverse, with the accusation of contamination coming into play.

“The example I always use is a mom who puts online a food item that made her kid sick, and this gets shared 100,000 times. You get calls from your customers, supermarkets, and drug stores asking you to stop sending your product,” McGrath said.

If products are not selling, that can be a very significant loss.

“Most recalls are voluntary. They have to be reported to the FDA if they are going to cause bodily injury or property damage,” McGrath said.

She suggests having an internal communication and external communication setup. Be aware of what testing labs you are going to use, what PR companies you are going to use.

Many times, companies try to execute their recall and are not ready for the customer demands.

“Sometimes customers are coming to them and saying, ‘you owe us all this money,’ ” McGrath said. “It is important to have the plans for the whole logistics of the recall.”

2018-06-11T16:31:23-07:00June 11th, 2018|

Mariani Packing Co. Puts Food Safety Top Priority

Mariani Served as Chair of the Safe Food Alliance

By Patrick Cavanaugh, Editor

The Mariani Packing Company is one of the largest specialty crop growers and handlers in the state, packing many different types of fruit on a massive scale. California Ag Today recently spoke with Mark Mariani, executive chairman of the Mariani packing company in Vacaville and the outgoing chairman of the Safe Food Alliance (SFA), an organization specializing in food safety among growers, packers, and processers to maintain high standards of food safety and prevent consumer illness.

“Our four major specialty crops areas is that we’re the second largest cranberry growers (with operations back east) and packers, (with operations back east), and we also grow and pack mangoes out of Mexico, Mariani said. “And we are probably the third-largest raisin grower/packer in California. We also repack prunes for the world market.”

Mariani said that the products that they bring in from Mexico are held to the same standard as produce grown inside the United States. Consumers always look back at the supplier when it comes to food safety, so they ensure that standards meet or exceed the U.S. standards.

Mariani reflected on his part in the Safe Food Alliance organization.

“It’s an exciting time for DFA (which still stands as an entity as it’s being morphed into the Safe Food Alliance) because of the growth and the fact that it is offering so many more services to our members. We recognize that for us to move forward as an industry, we have to be better than anyone else and especially foreign competition,” he said. “And you do that because you can create trust, and I think there’s a solid brand with SFA ,if you’ve been approved and a member … that you are operating within the SFA conditions.”

As the former chairman of SFA, Mariani enjoyed working with passionate people.

“The individuals in the DFA and SFA are passionate people that want to do and exceed the expectations or their members. And most importantly, you want to provide safe food for consumers,” Mariani said.

The new Chair of Safe Food Alliance is Dane Lance, President and CEO of Sunsweet Growers, the world’s largest and most famous brand of dried tree fruits including prunes, apricots, and mangos.

2018-06-06T16:17:06-07:00June 6th, 2018|

Gerawan Workers Have Been Vindicated

Gerawan Workers Will See Vote Counted After 4.5 Years of Seeking Justice

By Laurie Greene, Founding Editor

Following the Nov. 5, 2013 Gerawan Farming, Inc. employees’ legally unresolved election to decertify the United Farm Workers (UFW) as their collective bargaining representative, the employees’ message has been simple: Count the votes!

Silvia Lopez, Gerawan Employee

Yesterday, California’s 5th District Court of Appeals—in a 3-0 decision—ordered the California Agriculture Labor Relations Board (ALRB) to unseal the ballots, count them and issue an official tally.

Dan Gerawan, who co-owns Gerawan Farming, Inc. with his brother Mike and father Ray, said “This is a victory for our employees who never gave up the struggle to achieve the same rights that all other workers have. And we never wavered from our support of their right to choose.”

Dan Gerawan, co-owner Gerawan Farming, Inc.

Dan Gerawan, co-owner Gerawan Farming, Inc.

“I have no clue when the votes are to be counted,” Gerawan explained. “The ARLB and UFW are going to appeal this decision to the California Supreme Court. I do not know if the California Supreme Court will take it.

“But I’m certain that ARLB and UFW are going to try to get the California Supreme Court to take it because the last thing they want is for our employees to have a choice. They want this unionization forced on them against their will,” Gerawan said.

“This is a huge victory and well deserved to these thousands of Latino immigrant farmworkers who have been fighting and sacrificing their time and families’ future to simply have the right to choose and vote in America,” Jesse Rojas, Spokesperson for Pick Justice, an advocacy group for Gerawan farm employees.

“The ALRB and UFW clearly continue to show that they are afraid to let workers vote and show what they want and what is better for their families. After glancing through the Fifth District Court of Appeals decision, I find the attached highlighted screenshots worth noting,” said Rojas.

Anthony Raimondo, president of Fresno-based Raimondo & Associates, is the attorney for Gerawan Farms employee Silvia Lopez, who started the petition and campaign to oust the UFW when they returned to the farm following 20 years of absence. The UFW never successfully represented the employees in reaching a contract with their employer, nor did it ever collect union dues from employees.

“The Court of Appeal is very clear,” said Raimondo. “It just says, ‘You’ve got to count the ballots.’”

Anthony Raimondo

Anthony Raimondo

“The first thing that Silvia said to me was how happy she is to get this decision from the Court,” Raimondo continued. “This is a vindication of what the workers have been fighting for, for more than five years now, since they first began this effort to expel the union. They aimed to protect their income from going to fund the UFW’s efforts,” Raimondo stated.

“The workers have been ignored. Their rights have been trampled on by the ALRB. The ALRB has disregarded them. They were told that they didn’t matter. They were told that their voice would never be heard, but they never gave up,” Raimondo said. “They never stopped fighting. This decision is a vindication of the fact that justice can be done and that the right thing can happen when people remain committed to it. I can’t say enough about the commitment these workers have shown to this effort.”

“This is a huge victory for these farm employees,” said California Assemblymember  Jim Patterson who represents the 23rd Assembly District that covers parts of Fresno and Tulare Counties.

Jim Patterson

“I’m happy for them. Justice is being done, although it is taking a long, long time. It’s another indication of just how far off base the ALRB is. Primarily, the ALRB is a tool for the UFW to force the Gerawan field employees into contracts that they do not want, cannot approve, and did not vote for. So it’s a very good decision for these workers to have the kinds of freedoms that everybody else has.”

Patterson emphasized that the ALRB’s goal is to take those kinds of freedoms away. “The vote count will probably go forward. My guess is ALRB will try to drag their feet. But I think this is a solid [Court] opinion. And now we wait and see if the ALRB considers themselves to be above and beyond the law, or whether they recognize that they have gone far afield, and they’re going to have to correct some very, very illegal behavior,” Patterson said.

Raimondo explained, “There is no substantive history in the record that demonstrates that the ALRB had any jurisdiction or any legal standing to take those ballots and stash them away for all of these years. It was a blatant effort to stifle their votes to do the bidding of the UFW. They have gotten caught at it, and now they’re going to have to correct their illegal activity. If they don’t, I think they are going to suffer some severe decisions with these Courts. I think if they don’t comply, they’re going to get very close to breaking Court orders and breaking the law.”

Gerawan added, “Don’t forget, fifteen million taxpayer dollars have been spent to suppress those ballots. That kind of money spent by anyone, even the government, could [indicate] a lot of fraud took place with that ballot box.”

Raimondo claimed, “It is clear that the Gerawan farm employees are not cynical. They believe in the promise of America. They believe in our system of justice. That’s why they have continued to fight. It’s why they have continued to protest. It’s why they have continued to assert their voice in Court.”

“They knew from the very beginning that this was an injustice,” Raimondo continued..”They knew that the ALRB was mistreating them. They knew that they were treated like second-class citizens, but they also believed that if they continued to fight and to do things the right way—through peaceful protest and by asserting their positions in Court—that the right thing would happen. The workers had faith that the system works, that judges would ultimately hear their voices and that justice would be done.”

“The reality here,  I believe, and the Gerawan workers believe, is that in the end, justice will prevail. We believe we will be heard and corruption will not win. The workers’ voice is going to win here. Democracy is going to win here. Those votes will be counted,” Raimondo said.

2018-06-06T09:09:04-07:00May 31st, 2018|

Officials Applaud Ruling in Gerawan Employees’ Favor

Ballots in UFW Decertification Vote Must be Counted

By Joanne Lui, Associate Editor

Two officials spoke out via press release following today’s ruling that the Agricultural Labor Relations Board (ALRB) must count the ballots cast by Gerawan employees in the 2013 vote to decertify the United Farm Workers (UFW) as their union bargaining representative.

George Radanovich, President of the California Fresh Fruit Association, applauded the decision by the 5th District Court of Appeal.

George Radanovich

George Radanovich

Radanovich stated, “This has been a long time coming. We are encouraged and pleased to see the Court account for the most important opinion in this entire matter, the prerogative of the employees.”

Gerawan employees voted in a sanctioned election in November 2013 to decertify the United Farm Workers as their bargaining representative. Despite having ordered, sanctioned and supervised the election, the ALRB impounded the ballots, withheld a final vote count, and thereby denied recognition and acceptance of the employees’ decision.

Radanovich continued, “Today’s Court action would not have occurred without the determined effort of Gerawan Farming, Inc.; the Gerawan family; and in particular, company president Dan Gerawan, for defending his company and his employees’ right to choose. Finally, sunlight has been cast onto this injustice and the farmworkers’ voice will be heard.”

Assemblymember Jim Patterson (R-Fresno) made the following statement regarding today’s ruling:

Jim Patterson

“This moment is the next step in the most important civil rights battle of our time. More than 2,600 immigrant farmworkers from the Central Valley cast their ballots to determine their own future. Those votes were locked up tight and stowed away by the ALRB—the same agency whose job it is to protect the rights of farmworkers.”

“These hard-working men and women know exactly why their ballots were taken, and they have spent countless hours fighting for the fundamental right to have their votes counted so their voices can be heard loud and clear. Today is victory for them.”

2018-05-31T20:24:07-07:00May 30th, 2018|

Sign Up For Our Newsletter!

(We do not share your data with anybody, and only use it for its intended purpose)

California Ag News…
At Your Fingertips!

Unable to load Tweets

Copyright 2021 California Ag Today | CaliforniaAgToday.com owned and operated by Californians.

Website Designed by Desert Tech Pros

Copyright 2021 California Ag Today | CaliforniaAgToday.com owned and operated by Californians.

Website Designed by Desert Tech Pros

Go to Top