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

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

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

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

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

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

CONTACT: David Schwarz

(310) 277-1010

DSchwarz@irell.com

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

Laurie Greene Wins Journalism Award

Greene Wins Fresno County Farm Bureau Award for Series on Farm Workers’ Rights

By Patrick Cavanaugh, Editor

The Fresno County Farm Bureau (FCFB) recognized Laurie Greene, founding editor of CaliforniaAgToday.com,  with a First Place Journalism Award in the Farm Trade Print category on May 3. Her nine-part series published on our Google News-recognized CaliforniaAgToday.com website entitled, “Who Safeguards California Farm Workers’ Rights?” focused on recent, predominantly legal developments that illustrate the increasingly complex quagmire that masquerades as protecting farm employees’ rights in the state.

Laurie Greene wins Journalism Award
Ryan Jacobsen, FCFB CEO; Laurie Greene holding tractor award; and Donny Rollin, FCFB President.

According to the FCFB, “The annual awards recognize excellence in reporting on agricultural issues from journalists throughout the region. The criteria for the awards were: awareness of agriculture’s importance in the Valley; use of visuals to tell the story, where applicable; thorough and objective coverage of the issues, given time and space limitations; and portraying the ‘human side’ of the industry, making the issues relevant to consumers and/or producers.”

Laurie’s careful coverage of a complicated story was unrelenting in its meticulous research and thorough in cultivating numerous sources to tell the complete legal story of Gerawan’s farm employees. Laurie has been cited as a journalist with a sharp legal mind and is a strong asset to the company.

“When I moved to the Central Valley,” Greene said, “I was shocked to discover that Cesar Chavez’s legacy was tarnished. His UFW had evolved to mandate that farm employees submit to mediated union representation and payment of dues—all this by a union elected a quarter century earlier that subsequently abandoned the workers for two decades.

Gerawan Employees
Gerawan Farm Workers Protest against UFW at California Supreme Court.

Greene explained, “Current farm employees have had to fight to have their voices heard, to gain access to pertinent court hearings, to work unimpeded for the employer of their choosing, to face employment termination if they refuse to pay union dues, to exercise their right to vote to decertify the union in a sanctioned election and to have their votes publicly counted. I felt compelled to relay the facts in this important story.”

FCFB 2018 Journalism Award Winners Alex Backus, CBS47; Laurie Greene, CaliforniaAgToday.com; and Dominic McAndrew, 580AM KMJ. (Absent was Maria G. Ortiz-Briones, Vida en el Vale)

 

Greene’s work in the series was shared across the California Ag Today’s social media platforms and broadcasted across the California Ag Today Radio Network of 22 radio stations. She is also the owner of Cultivated Words, which provides professional editing services and college application essay coaching.



Other award winners were:

Audio:  Dominic McAndrew, News Talk 580AM, KMJ, “Signing the application for state funding of Temperance Flat Dam,” August 14, 2017.

Video:  Alex Backus, CBS47, “Fear in the Fields,” May 19, 2017.

General Print:  Maria G. Ortiz-Briones, Vida en el Vale, “Farmers, immigration rights advocates push back after ICE checks in the Central Valley,” February 12, 2018.


Who Safeguards California Farm Workers’ Rights?  (abridged)

Greene focused on the ongoing pressure the United Farm Workers (UFW) and the California Agriculture Labor Relations Board (ALRB) has placed on Gerawan farm workers in an attempt to force them to accept mandatory fee-based union representation by the UFW. Gerawan employees voted in favor of UFW representation in 1990, an election the ALRB certified in 1992. UFW never reached a contract to represent Gerawan employees in wage negotiations with their employer and never collected union dues. The UFW effectively abandoned the farm workers for 20 years.

The California Legislature amended the Agricultural Labor Relations Act in 2012 to impose a mandatory mediation and conciliation process for union contracts. The UFW offered Gerawan employees a new contract proposal via this forced legal process.

On Oct. 25, 2013, Gerawan employee Silvia Lopez filed a petition to decertify the UFW as the bargaining representative for the company’s workers. Gerawan voted in an historic, ALRB-sanctioned election on November 4 or 5, 2013; however, the ALRB impounded the ballots, reportedly without having counted them.

Silvia Lopez, Gerawan farm worker spokesperson

The twists and turns of who actually safeguards California farm employees’ rights have been strikingly dramatic, undemocratic, political, and arguably unconstitutional. And yet, the conflict remains legally unresolved.

Click here to read the series.

Click here to search for California Ag Today’s multimedia coverage since 2013 of this ongoing battle.  Search suggestions:  Gerawan Farming, Silvia Lopez, UFW, and ALRB.

Who Safeguards CA Farm Workers’ Rights? # 7 – CA Supreme Court

CA Supreme Court Hears Case of Gerawan Farming, Inc. vs. UFW/ ALRB

 

By Laurie Greene, Founding Editor

 

Gerawan Farm Workers Show Company IDs and Paystubs (Identification has been blurred out for privacy reasons.)

A significant labor hearing occurred at the California Supreme Court (Court) in San Francisco yesterday, the day after Labor Day, between the team of the United Farm Workers (UFW) and the California Agricultural Labor Relations Board (ALRB or Board) versus Fresno County-based Gerawan Farming, Inc. over self-determination. At stake is the right of farm workers to determine if they want to be represented by the union or not. Under scrutiny is the Mandatory Mediation and Conciliation (MMC) provision of the Agricultural Labor Relations Act that paves the road for the UFW to force unionization on all farm workers.

 

Anthony Raimondo, of Fresno-based Raimondo & Associates, lawyer for Gerawan farm worker spokesperson, Silvia Lopez

“Although Gerawan farm workers attempted to participate in this hearing, as well as other hearings, they were denied legal participation in the trial by the state of California and by the UFW,” according to Anthony Raimondo, of Fresno-based Raimondo & Associates and lawyer for Gerawan farm worker spokesperson, Silvia Lopez. Nevertheless, hundreds of Gerawan employees in blue t-shirts attended the proceedings and protested outside the courthouse, lending their voices, exercising their free speech and showing their legitimate Gerawan company ID cards and payroll stubs.

 

Dan Gerawan, who co-owns Gerawan Farming, Inc., with his brother Mike and father Ray, commented on the court hearing just after it ended. “It is frightening to see the deference that the Court gives to the ALRB. Everyone in our industry and all farm workers should be scared by the deference this Court gives to a Board that is clearly not interested in the employees’ best interests.” Describing his perceptions in the courtroom, Gerawan said, “It was Orwellian to hear the government attorneys argue that they are defending self-determination, when in fact, what they are doing is the exact opposite.”

 

“That said,” he continued, “I am encouraged by the questions I heard from the Court. They obviously are taking this very seriously, and I’m hopeful that they will side with our employees and us.”

 

Silvia Lopez, Gerawan farm worker spokesperson

Members of the UFW were also present at the Court in red t-shirts, though only one person claimed to be a Gerawan employee. Marc Grossman, spokesperson for the United Farm Workers of America and communications director of the Cesar Chavez Foundation, said that the Gerawan operation should be unionized because the UFW was elected in 1990 by Gerawan farm workers and certified in 1992 by the ALRB.

 

However, the UFW did not successfully reach a contract for the Gerawan farm workers, and therefore did not collect dues. Furthermore, the UFW abandoned the Gerawan farm workers for nearly 20 years.

 

Grossman said the Court discussed today the long-standing principle that a union is certified until it is decertified. Workers have a right to decertify the union but it has to be the workers—not the company. It is patently illegal for an employer to have anything to do with determining union representation by his or her employees.

Marc Grossman, spokesperson for the United Farm Workers of America

 

When asked to account for UFW abandonment of Gerawan farm workers, Grossman said, “Bogus issue! The UFW never abandoned the workers at Gerawan. It repeatedly attempted to negotiate with Gerawan. At every step, it was met with virulent resistance by the company. It became apparent that only a law that would allow neutral state mediators to be brought in to hammer out a union agreement when the grower refused to do so would be the only course, and we followed it.”

 

Grossman asked us to read the September 5 ‘News from UFW’ press release he provided, entitled, “Giant grower challenging law giving farm workers the union contracts they voted for already owes its workers $10 million under a state-imposed union contract.”  Here are excerpts:

 

What about Gerawan’s claim the union “abandoned” the workers for 20 years?

Even before the Mandatory Mediation statute was adopted in 2002, the ALRB and the courts consistently rejected employer claims that unions should not be deemed workers’ bargaining representatives if they allegedly “abandoned” them. It is long-established law that a union remains certified as bargaining representative until workers—and only workers—vote to decertify it. At the time of the law’s passage in 2002, Gerawan was one of the 243 companies where farm workers voted for the UFW but the companies never agreed to contracts. (See UFW-Gerawan chronology)

1995-2002: Gerawan workers and the UFW continued working to improve conditions while the ALRB stopped enforcing the farm labor law under Republican political appointees.

2002: The Mandatory Media law was enacted. The agricultural industry mounted a major constitutional challenge.

2006: The Third District Court of Appeals in Sacramento upheld the Mandatory Mediation law. The industry appealed to the state Supreme Court, which refused to take the case. The industry declined an appeal to the U.S. Supreme Court—and the law’s constitutionality was settled.

2012: The UFW sent a new negotiations request to Gerawan. At least 10 bargaining sessions failed to produce a union contract.

March 2013: The UFW requested mandatory mediation at Gerawan with the ALRB.

 

The above chronology vaguely refers to UFW involvement between 1995 and 2002 that remains unsubstantiated. UFW contact with Gerawan farm workers appears to have been reestablished in 2012.

Dan Gerawan, co-owner Gerawan Farming, Inc.
Dan Gerawan, co-owner Gerawan Farming, Inc.

The ALRB did supervise a sanctioned election for Gerawan farm workers to decertify the UFW on November 5, 2013; however, the ballots were collected, sealed and never counted.

When told that UFW representative Grossman said they never walked away, Gerawan asked, “If they didn’t abandon, then where were they for almost two decades? They did not phone us or send us a fax. They did not show up on our property. They did not inquire on behalf any of our employees. They did not file an unfair labor practice. They did nothing during that time. They abandoned our employees.”

Ron Barsamian, attorney for Gerawan Farming, Inc.

 

One of Gerawan’s attorneys, Ron Barsamian, managing shareholder of Fresno-based Barsamian & Moody, stated, “I’m very encouraged. I think the Justices’ questions indicated that they understood the issue we were raising. I think they certainly read the briefs. I think they understand the difficulty in how locked-in workers, such as the [Gerawan] ones behind us, can be under the way this law works: if you have an MMC contract, [the workers] never have an opportunity to decertify the union. Even the questions asked by the justices that we expected to be against us were great, and I certainly loved the answers that Mr. Schwartz gave.”

David Schwarz, attorney for Gerawan Farming, Inc.

 

Barsamian was referring to another Gerawan attorney, David Schwarz, from the law firm, Irell & Manella, who addressed the central issues of the case: “I think it was a full and fair hearing. I think the Court—all members—are deeply concerned about the unaccounted for two-decade [UFW] absence, an unaccountable power given to a mediator [ALRB], and uncheckable power given to the union [UFW] to compel one grower and one group of employees into this process. Ultimately, I think the justices were very much focused on and troubled by the inability of the [ALRB] agency to step in in a situation of gross abandonment where a contract is being imposed by that agency.”

 

The California Supreme Court typically releases it decisions and commentaries after 90 days.

Protesting are Gerawan farm workers (in blue) and UFW members (in red)
Protesting are Gerawan farm workers (in blue) and UFW members (in red)

Who Safeguards Farm Worker Rights? – Part 8

Pick Justice, Gerawan Farm Workers Protest Forced Unionization

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.

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.