Understanding California’s Groundwater

California’s Groundwater Is in Crisis

Source: Janny Choy and Geoff McGhee; Water in the West

California’s groundwater is back in the spotlight. Largely invisible, lightly regulated and used by 85% of California’s population and much of the state’s $45 billion agriculture industry, groundwater is a crucial reserve that helps stave off catastrophe during drought periods like we’ve experienced over the past three years.

Unheralded, Underegulated and Overused, California’s Groundwater Is in Crisis

But after more than a century of unregulated use, California’s groundwater is in crisis – and with it the state’s hydrologic safety net. This carries profound economic, environmental, and infrastructure implications. How did it come to this, and what do we do now?

6 Million Californians Rely on Groundwater

Over 6 million Californians rely solely or primarily on groundwater for their water supply. Many of them reside in towns and cities in the Central Valley and along the Central California coast, where communities generally have limited local surface water options or don’t have the ability to finance other water supply sources.

For Others, Groundwater Complements the Surface Water Supply

Generally, though, groundwater is used alongside surface water to meet the state’s needs, which range from urban and industrial uses to irrigating roughly half the fruits and vegetables grown in the United States.

In normal and wet years, groundwater provides 30 to 40% of the water supply. It supplements surface water that is collected from snowmelt and rainfall then is stored and conveyed by a vast system of state and federal dams, reservoirs, and aqueducts.

During droughts, surface water availability can be sharply reduced, leaving water users to pump water from local wells. At times like these, groundwater can surge closer to 60% of water used statewide, and even higher in agricultural areas like the Central Valley.

When Rain and Snow Don’t Fall, Groundwater Prevents Disaster

This year, the third consecutive year of an extreme and extensive drought, state officials have warned that little or no surface water will be made available to most consumers. In turn, water providers are advising large users to pump their own groundwater.

As bad as this drought is, it is not uncommon. Droughts are a part of life in California, as anyone who has lived here long enough knows. But what most may not know is that groundwater has been getting us through droughts, including the last big one in the 1970s, and it is getting us through the one today.

In fact, 5 million acre feet of additional groundwater will be pumped in the Central Valley alone to make up for the 6.5 million acre feet in surface water reductions for agriculture in 2014. Even so, the economic loss for the Central Valley from this drought is expected to be $1.7 billion.

By Overusing Groundwater Today, We Are Living Off Our ‘Savings’

Writers often turn to financial metaphors to explain the importance of groundwater. As Tom Philpott of Mother Jones magazine wrote recently, “To live off surface water is to live off your paycheck … To rely on groundwater, though, is to live off of savings.”

Another metaphor frequently applied to groundwater is that of mining. In fact, “groundwater mining” is exactly what experts call nonrenewable groundwater use, where farmers “mine” water to grow almonds, alfalfa or grapes. You could even say they are “mining” those commodities themselves.

Recommendations for Groundwater Reform

Through numerous hearings, workshops, and consultations with experts and interest groups, recommendations by groups such as the California Water Foundation are coalescing around the concept of local groundwater management with the state serving as a backstop authority if local action has not occurred or is insufficient.

Next steps might include creating and empowering local groundwater management entities; requiring groundwater management plans; and defining the state’s role for assistance, oversight, enforcement and funding. Read more in the California Water Foundation’s report with recommendations for sustainable groundwater management.

Patrick Cavanaugh2016-10-14T19:45:06-07:00August 12th, 2014|

Could CDFA’s ACP Control Policy Devastate Our Citrus Industry Like Florida’s?

Citrus Industry is Fired Up Over Softened ACP Control Policy

By Patrick Cavanaugh

It seems that CDFA officials are giving up on controlling the Asian Citrus Psyllid (ACP) in Central California citrus growing areas! It sure looks like it.

Ever since the May 12 ACP trappings in the Lindsay area of Tulare County, there has been a major back-step in what has been an aggressive mandatory spray program to control any possible live psyllids within an 800-meter radius around the trap.

Now CDFA is suggesting that the spray programs should be voluntary and only 400 feet around the trap find.

According to Joel Nelsen, president of the Exeter-based California Citrus Mutual, “The conversation relative to the change in eradicating or treating for the ACP came about with a discussion between a few members of the scientific community and the department.”

“Frankly, the industry was unaware of this possible change in the program. When it was first released to the AG commissioner, it shocked everybody–is my understanding,” Nelsen said.

“And as a result, last Friday afternoon, the executive committee members from our pest and disease management committee had a very direct conversation with senior leadership of the CDFA. I understand that the conversation was extremely candid, somewhat emotional; if the industry to is going to be supporting a program to the tune of 15 million dollars, they want a say in how the program is run. And evidently, the Department of Agriculture is making some subjective decisions that we don’t believe are appropriate.”

“From my perspective, there were mistakes made at the onset of this program that we had to learn from; and if we don’t take seriously—psyllid control, psyllid control, psyllid control!—we’re going to end up in the same type of quandary that our colleagues in Florida, Texas, Mexico and even Brazil are in.

Too many psyllids, an endemic population, some of which will contract citrus greening disease and eventually contaminate citrus trees, could devastate central California’s $2 Billion industry. “If we even allow one psyllid to continue to foster a population, then we have failed at our effort. And so from the perspective of Citrus Mutual, we are in an eradication mode,” Nelsen said.

“We are in a position in which we can find isolated psyllids and treat, and we are in position where continuous trapping and tapping (with bats and trays in searching for psyllids) and intensive trapping is not finding an endemic population. So for the department to argue that the population is endemic, its a ‘what if’ scenario that we don’t think is appropriate.”

Nelsen said that the pushback by his pest and disease management committee might have made a difference. “I haven’t received anything, but I think that conversation last Friday afternoon yielded some intended results. There’s a reconsideration, and I give a lot of credit to the industry members who stood up the department; but until it happens, its not real,” he said.

Patrick Cavanaugh2021-05-12T11:06:01-07:00June 3rd, 2014|

ALERT: Immediate Action Needed for Thrips/TSWR

Source: Neil McRoberts

For those who have water and tomatoes:

Thrips numbers have increased rapidly in the southern arm of the Central Valley and Tomato spotted wilt virus (TSWV) has been reported in all of the areas we monitor,” according to Neil McRoberts, Assistant Professor, Plant Pathology Department, UC Davis.

There are numerous reports of TSWV symptoms in crops from Stanislaus County down to Fresno and Kings County particularly around the Huron area.

The current risk in Fresno County is high and we are recommending that growers who plan to use an insecticide program against thrips/TSWV take immediate action. The current mini heat wave will accelerate thrips development slightly and further bump up thrips numbers.

If you are planning to use an insecticide program against thrips/TSWV this season, you should target the next generation of thrips (generation 3). If it is not possible to arrange for treatment in time to catch generation 3, target generation 4. Delaying treatment until later in the season will be much less effective at preventing damage from TSWV. Coordinated spraying across large areas has an additional effect on thrips populations because it makes it difficult for them to avoid treatment by migrating.

Generation 3 adults are projected to peak on May 17th. Sprays applied in the 14-day period before this peak date will check generation 3 and delay further population build-up and TSWV spread. This means you need to take immediate action.

Generation 4 adults are projected to peak on June 11th. Sprays applied in the 14-day period before this peak date will check generation 4 and delay further population build up and TSWV spread. Treatment in the 14 days immediately following the generation 3 peak date will also be effective.

The current risk in the Merced area is high and we are recommending that growers who plan to use an insecticide program against thrips/TSWV take immediate action. The current mini heat wave will accelerate thrips development slightly and further bump up thrips numbers.

Generation 3 adults are projected to peak on May 22nd. Sprays applied in the 14-day period before this peak date will check generation 3 and delay further population build-up and TSWV spread.

Generation 4 adults are projected to peak on June 16th. Sprays applied in the 14-day period before this peak date will check generation 4 and delay further population build up and TSWV spread. Treatment in the 14 days immediately following the generation 3 peak date will also be effective.

The current risk in eastern San Joaquin County is lower than in other southern Counties, but we think a precautionary approach is best. The current mini heat wave will accelerate thrips development slightly and further bump up thrips numbers.

If you are planning to use an insecticide program against thrips/TSWV this season, you should target the next generation of thrips (generation 3). If it is not possible to arrange for treatment in time to catch generation 3, target generation 4. Delaying treatment until later in the season will be much less effective at preventing damage from TSWV. Coordinated spraying across large areas has an additional effect on thrips populations because it makes it difficult for them to avoid treatment by migrating.

Generation 3 adults are projected to peak on May 28th. Sprays applied in the 14-day period before this peak date will check generation 3 and delay further population build-up and TSWV spread.

Generation 4 adults are projected to peak on June 22nd. Sprays applied in the 14-day period before this peak date will check generation 4 and delay further population build up and TSWV spread.

The current risk in Kings County is high and we are recommending that growers who plan to use an insecticide program against thrips/TSWV take immediate action. The current mini heat wave will accelerate thrips development slightly and further bump up thrips numbers.

If you are planning to use an insecticide program against thrips/TSWV this season, you should target the next generation of thrips (generation 3). If it is not possible to arrange for treatment in time to catch generation 3, target generation 4. Delaying treatment until later in the season will be much less effective at preventing damage from TSWV. Coordinated spraying across large areas has an additional effect on thrips populations because it makes it difficult for them to avoid treatment by migrating.

Generation 3 adults are projected to peak on May 22nd. Sprays applied in the 14-day period before this peak date will check generation 3 and delay further population build-up and TSWV spread. This means you need to take immediate action.

Generation 4 adults are projected to peak on June 14th. Sprays applied in the 14-day period before this peak date will check generation 4 and delay further population build up and TSWV spread. Treatment in the 14 days immediately following the generation 3 peak date will also be effective.

The current risk in western San Joaquin County is lower than in other southern counties, but we think a precautionary approach is best. The current mini heat wave will accelerate thrips development slightly and further bump up thrips numbers.

If you are planning to use an insecticide program against thrips/TSWV this season, you should target the next generation of thrips (generation 3). If it is not possible to arrange for treatment in time to catch generation 3, target generation 4.

Delaying treatment until later in the season will be much less effective at preventing damage from TSWV. Coordinated spraying across large areas has an additional effect on thrips populations because it makes it difficult for them to avoid treatment by migrating.

Generation 3 adults are projected to peak on May 28th. Sprays applied in the 14-day period before this peak date will check generation 3 and delay further population build-up and TSWV spread.

Generation 4 adults are projected to peak on June 22nd. Sprays applied in the 14-day period before this peak date will check generation 4 and delay further population build up and TSWV spread.

The web resource for integrated management of Western Flower Thrips and Tomato Spotted Wilt Virus in the California Central Valley contains two tools to help in disease risk management:

A Field Risk Index tool uses simple information about field locations, land use, and agronomy to calculate a risk category for tomato crops. This tool can be used before planting or early in the season to get a heads up about the general risk to a crop from TSWV.

A thrips population projection model, driven by degree-day accumulation at several Central Valley locations, aids in projecting when thrips generations are hatching, developing, and adult numbers are peaking. This information is used to issue regular updates and provide broad guidelines for timing insecticide sprays to keep thrips numbers low enough to prevent TSWV from spreading.

The research behind these tools was supported by the California Tomato Research Institute (CTRI)

The model was developed in Collaboration with Dr. Len Coop of Oregon State University’s Integrated Plant Protection Center (IPPC). The IPPC developed and hosts the USPEST web service which is a multi pest multi model tool that provides information on pest development and disease risk for the Contiguous 48 US states using a network of weather stations.

Patrick Cavanaugh2021-05-12T11:03:06-07:00May 4th, 2014|

Keeping a Watchful Eye on the Family Farmer: Suicide Prevention

By Laurie Greene, Editor

National Mental Health Awareness Month, in May 2014, is an opportune time to focus on eliminating the stigma of mental health in the California Farming Community and providing compassion and support to those who are struggling to cope.

Stress and anxiety that plague the family farmer during this crippling time of zero water allocations can lead to mental stress, which, in some cases, could lead to suicide. Last year, Tulare County had just over forty suicides from all walks of life, and some were from the farming community. In fact over the last few years, several California dairymen, specifically, have committed suicide.

Cheryl Lennon-Armas, LMFT, co-chair, Tulare-Kings County Suicide Prevention Task Force

Cheryl Lennon-Armas, co-chair of the Tulare-Kings County Suicide Prevention Task Force, notes that the subject of mental illness is something we all need to be aware of and talk about. “There’s a whole lot of people who are touched by suicide or attempted suicide or mental health issues. But there are not a lot of people who want to have a conversation about it.”

“So how do we make those topics easy to talk about?” Lennon-Armas wants the public to learn more so they are not afraid. “For example, say a farmer is talking to a lending company, and the lending company says, ‘Oh, I can’t loan you money,’ and the farmer says, ‘well that’s OK, I wont need it anyway.’ How do you get that lending company to say, ‘Whoa, Whoa, Whoa’?”

“’I won’t need it anyway,’ – that should be a red flag statement,” Lennon-Armas pointed out.

“But often, when people hear statements like that, they may become fearful and want to push it away,” Lennon-Armas explained. “We don’t want to have to look at that farmer and say, ‘Hey, I am worried about you, and I want to make sure you are OK. What can I do to help? Are you thinking of committing suicide?’”

“It needs to roll off the tongue of all of us in order to end the stigma,” she stated.

During the current debilitating water crisis and the possible loss of many farms, it’s more critical than ever to keep an eye on any farmer or farmworker who is grappling with understandably intense anxiety and stress. So, it’s important to know some of the signs that could indicate that someone in the farming community could be contemplating suicide.

Lennon-Armas, noted, “It’s really important to pay attention to the people around you and not make assumptions that their being quiet or not showing overt signs of being suicidal means they are OK.”

“Take notice if they are isolating themselves or you see a change in their routine, if they stop attending church, or they drop out of 4-H or FFA or other community organizations they might be involved in. If you start seeing some deterioration on the farm, how they are caring for their animals, an increase in farm accidents, these could all be red flags,” she said.

“An increase in farm accidents might mean that the farmer is depressed and not paying attention to the work they are doing, Lennon-Armas explained. “Maybe they are not sleeping well or they are increasing their use of alcohol or medications. It’s important to note that it is common for people to `self medicate’ themselves when they are depressed.”

“The farm worker population has the additional issues of cultural and language barriers and access to services or even awareness of services available,” Lennon-Armas explained. “While the stigma issues are slightly different, they are equally strong for farm owners and farm workers alike.”

“But at the end of the day, it is about providing support and access to information – saving just that one life,” she said. “We are not in the business of being popular when doing suicide prevention. Our job is to keep people alive long enough to where they are feeling more hope than despair.”

Resources

Tulare & Kings Counties Suicide Prevention Task Force:

Website

Facebook

Tulare County Health and Human Services Agency:

Website

Facebook

National Suicide Prevention Lifeline: 1-800-273-TALK (8255), suicidepreventionlifeline.org

Mental Health Crisis Line (WARM LINE) is 1-800-320-1616

In an emergency, you can always call 9-1-1.

In California, you can also call 211 for mental health and financial advice and support.

The American Association of Suicidology

California Crisis Centers

Additional thanks to: Tammie Weyker, Media specialist for Tulare County Health & Human Services Agency

Patrick Cavanaugh2021-05-12T11:06:01-07:00April 28th, 2014|

PLF On 9th Circuit Biological Opinion

PLF statement on 9^th Circuit Upholding Delta Smelt Biological Opinion

Last Week, a panel of the Ninth Circuit largely upheld the federal government’s 2008 “biological opinion” for the delta smelt, a regulation under the Endangered Species Act has that triggered draconian restrictions on water deliveries from the federal and state water projects to the San Joaquin Valley and Southern California.

Pacific Legal Foundation (PLF) attorneys represent some of the farmers in the case who are challenging the biological opinion as an abuse of federal power based on questionable science and shoddy regulatory procedures.

Damien Schiff, a principal attorney with PLF who represents farmers in the case, issued this statement today, in response to the Ninth Circuit’s ruling:

“The Ninth Circuit has done a reverse rain dance for California, practically guaranteeing that the impacts of our current drought will be more devastating,” said PLF Principal Attorney Damien Schiff.

“The ruling gives judicial blessing to regulations that impose real punishment on people with only speculative benefits for a declining fish species. Under these draconian regulations, water is withheld from farms, businesses and communities from the Central Valley to San Diego based on sloppy science and ideological agendas.

“There’s a drought of common sense in the bureaucracies that impose these regulations – and in the perverse legal precedents that lead courts to uphold them. In one notorious precedent, TVA v. Hill, the U.S. Supreme Court said the Endangered Species Act gives absolute priority to species over everything else, including the general welfare of the human community.

“We must all hope that California’s water crisis – made worse today by the Ninth Circuit – can prod the U.S. Supreme Court to reconsider its past decisions that are leaving us so parched.

“Indeed, the one hopeful aspect of today’s ruling is there’s a possibility the smelt case could get to the Supreme Court. There, it might result in a decision that turns the tide of environmental law away from imbalance and zealotry, and back toward sanity.”

Patrick Cavanaugh2021-05-12T11:06:02-07:00March 17th, 2014|

Cotton ELS Prices Good, While Upland Cotton is Bleak

Upland Cotton Prices Down; Extra Long Staple Types Are Up

By Patrick Cavanaugh, Editor

Upland cotton prices are still bleak, falling 10 cents per pound over the last month, and are now in the .85 to .95 cents a pound range. However, there is a glimmer of good prices ahead for extra long staple (ELS) cottons on the open market.

Many growers forward contracted the just-harvested crop that might have returned a decent price, but the Pima and other ELS types are still holding a good price,” said Cannon Michael, V.P. Bowles Farming Co., in Los Banos Calif., who farms more than 11,000 acres of row and field crops, including cotton throughout Merced County.

“I know some guys that have booked some pricing of ELS for 2014 at $1.60 to $1.70, but that’s a market that operates in a different world,” said Michael. “There has been good demand, the world crop is down, and California does not have that much Pima this year due to an overall decline in cotton acreage.”

In 2013 California growers planted 90,000 acres of Upland cotton, down 37 percent from last year. ELS plantings in the West declined nearly 14 percent to 206,000 acres with largest decline -35,000 acres in California.

“There is more optimism on the ELS side due to higher prices,” said Michael. “But there is so much pressure on Upland cotton as far as what China and other areas of world can grow, so the prices are on the depressed side.”

Michael noted that farmers in his area grow the Hazera type of ELS, an Israeli hybrid type which is not as strong as Pima, but has the staple length and other properties. “It performs like an Upland type in terms of yield in the north end of the Valley, but pays about 10 cents less than Pima.

“While the Hazera seed is more expensive and does not have any Roundup Ready traits,” Michael commented, “it has a better quality fiber that the mills are looking for right now.”

Patrick Cavanaugh2016-10-05T13:35:38-07:00November 16th, 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|

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|

Early Harvest Season for Almonds

2013 Almond Harvest To Start

Almond harvest should start in earnest in Kern County, most likely next week, given the 100-degree temperatures everywhere. This is very early for this year’s crop size.

“The Nonpareils are going like crazy,” said Vern Crawford, a long-time PCA for Wilbur-Ellis Co., Shafter Branch. “With the crop estimate down, prices are up, and that’s good since growers had to spend so much on mite sprays this year.”

“This is the worst mite year that we’ve ever had–across the whole county,” Crawford noted. “The reason for the high pressure is not exactly clear,” he said.

“But the biggest problem all growers are having is the lack of water,” Crawford said. “We need more dams and we need the cities along the coast to put up desalinization plants to cut their demand on the water we need for agriculture.”

“Many Kern County farmers are now extracting water at the bottom of their wells and will need to spend $250,000 each to go deeper. Those big deep wells on the West Side with 200 HP pumps are sucking the water from the East Side,” he said.

Crawford warned that the groundwater will not last long. “We are going to barely make it through this season with 30 percent allocations. And next season, if we do not get enough water for the vast orchards on the west side of Kern County, on beautiful ground and with every irrigation economy available, particularly drip, growers will go into survival mode,” said Crawford.

Growers will shake their trees at bloom to eliminate the crop and then give the tree a few sips of water so that that it doesn’t die. Hopefully that will get them to another good winter of rain. But still, it will take the trees two full years to recover.

“And it’s amazing that nearly all of these water problems are due to the Delta Smelt,” Crawford said.

Patrick Cavanaugh2016-12-07T15:53:34-08:00July 24th, 2013|