ALRB/UFW Access Update Meeting March 21 in Bakersfield

Meeting March 21, 7 am -11 am at Hodel’s Restaurant in Bakersfield

By Patrick Cavanaugh, Editor

Jesse Rojas, the founder, and CEO of The Redd Group; Michael Saqui from the Saqui Law Group; and Raul Calvo from Employer Services are the presenters of an upcoming important seminar. It will specifically focus on agriculture and farm labor contractors,  growers, packers, and shippers, regarding ALRB and UFW access. Attendees will learn what to do when the United Farm Workers union is wanting to take access and speak with farm employees to try to unionize them.

Jesse Rojas, The Redd Group

“The reason why we wanted to do this now before the season started is that the UFW has been very active this year, said Rojas. “The union is trying to get out of the hole that they’ve been in after so many losses. They pulled a big PR stunt earlier this year at Wonderful in Delano, and we also heard that they’re continuing to hire multiple organizers, which indicates that they’re trying to get more active in our industry this year.”

The dos and don’ts will be discussed when it comes to the union trying to take access to your employees or trying to gain access in your fields. Saqui will be presenting his hot topics in labor and employment. He will also delve into the overtime pay in agriculture, which is confusing and ever-changing.

“Raul Calvo will speak about how to improve employee relations and communications with your employees out in the field and avoid having a third party attempt to step in and become the medium of communication between you and your employees,” Rojas said.

State Senator Shannon Grove will also be speaking at the event at 8:30 in the morning, and she will be focusing on some of the legislation—the good and bad law that’s currently happening at the capital that’s going to affect agriculture.

“She will also speak about the general overreach of state agencies such as the ALRB,” Rojas said.

The location of the meeting is Hodel’s Country Dining at 5917 Knudsen Drive, Bakersfield, CA 93308.

For more information and to register, RSVP at Jesse@reddgroup.org or call 844-946-7333. Seating is limited.

 

Agriculture Labor Relations Board Carries Strong Bias, Expert Says

Michael Saqui: UFW and ALRB Are In Bed Together

By Mikenzi Meyers, Associate Editor

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

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

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

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

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

Gerawan Votes Were Counted in a Professional Way

Votes Were Announced, Union or No Union

By Laurie Greene, Founding Editor

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

Number counted

ON STAGE

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

AUDIENCE

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

Observation Notes

Black cooler with red handles contains ballots.

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

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

 

Union

No Union

Invalid

Challenged ballots

Ballots

197

1098

18

Total

635

 

 

7

No markings Unsufficient to affect outcome of ballot count

 

6

Markings on both boxes

2

Signature reveals ID (separated out)

1

Marked in the middle

1

Contains statement, sticker

1

?

1930 Ballots

Expected from 11/ 2013/

677

1948 Total voters

2645 # Names on list

Gerawan Worker Votes to Be Counted in Fresno

Historic Day Following Five Years of Vote Count Suppression

News Release Edited By Patrick Cavanaugh

Today, the Agricultural Labor Relations Board announced that it will count the votes of Gerawan Farms workers after five years of illegally refusing to tally the ballots.

Supreme Court
Silvia Lopez, Gerawan farm worker spokesperson

Determined to avoid having union dues taken from their wages by a union that had abandoned the workers for almost two decades, Silvia Lopez and the Gerawan Farms employees courageously organized themselves in opposition to forced union membership. In November of 2013, thousands of Gerawan Farms employees voted on whether or not they would be represented by the United Farm Workers (UFW) in the largest worker election in ALRB history.

For five long years, the ALRB has suppressed the vote by refusing to count the ballots while the workers fought to vindicate their civil rights.   The Fifth District Court of Appeal in Fresno ruled in May that the suppression of the vote violated the workers’ statutory and Constitutional rights, and ordered the votes counted. Only after a dismissal of all appeals by the California Supreme Court did the government finally agree to count the ballots.

At 8:30 am on September 18, 2018, the ballots will be removed from the ALRB safe for inspection by the parties, and transportation to Fresno.

The ballots will be counted at 2550 Mariposa Mall, Room 1036 in Fresno at approximately 10:00 am. This tally represents a victory for farmworker rights over a union and a government agency that has tried to silence them.

Gerawan Farm Employees Await Justice

When Will the Court Ordered Gerawan Votes Be Counted? Part 1

By Laurie Greene, Founding Editor

Jesse Rojas, a farm worker rights activist and spokesperson for Pick Justice, (PickJustice.com) expects the California Agricultural Labor Relations Board (ALRB) and United Farm Workers union (UFW) will appeal the recent ruling by Fifth District Court of Appeals in Fresno, which ordered the ALRB to count Gerawan Farming, Inc. employees’ votes cast nearly five years ago.

Specifically, on May 30, 2018, the Court ordered the ALRB to count Gerawan farm employees’ votes cast in a November 2013 government-sanctioned election to decertify the United Farm Workers (UFW) as their collective bargaining representative, a union that abandoned the workers for over two decades.

Jesse Rojas, spokesperson for Pick Justice (PickJustice.com)

The ALRB held the decertification election in response to petitions filed by Gerawan employees following notification that the UFW moved to impose both UFW bargaining representation and union dues (three percent of salary) on Gerawan employees under the Mandatory Mediation and Conciliation Regulation created in 2002 but then amended in 2011 to allow ALRB to reverse election wins.

Historically, the ALRB certified the UFW as the bargaining representative of Gerawan employees in 1992; however, the UFW never attempted to negotiate in good faith with Gerawan Farming, Inc. on behalf of the employees, nor did the UFW collect dues. The UFW then abandoned the Gerawan employees for nearly a quarter of a century.

Rojas explained, “Our state government continues to refuse to count the votes. That is un-American. These thousands of workers, Hispanic workers who are Americans, came to this country for freedom and the ability to choose what is best for them and their families. They have been waiting for nearly five years for the government to count these votes. Where are the votes? We don’t even have confirmation of the safety and status of those ballot boxes.”

“When the Fifth District Court of Appeals made this announcement, Silvia Lopez was absolutely stunned by it,” said Rojas. “She feels like we haven’t really won a lot in the last few years. At one time, Silvia said, ‘I escaped the corruption from my government in Mexico and I get to California and I’m starting to experience the same and feel the same way,” Rojas said.

“Ninety-nine percent of my family still lives in Mexico, so I know what we ran away from, what makes this country great, and why we are here. So it’s really sad for us to see in this particular state, with Jerry Brown and the majority of the legislators in Sacramento, they are breaking away families because of economic suppression and government corruption,” he said. “They are destroying jobs or they are complicit in the destruction of thousands of jobs, not just at Gerawan Farms, the biggest example. There are multiple companies where the UFW and the ALRB, both, and our government, have failed to protect worker rights and their jobs.”

“I’ll tell you, ” Rojas continued, “from reading most of the decision, which was over 130 pages, it was historic—not just because they said, ‘Count the votes,’ but because of specific legal arguments they used. They went as far as putting a footnote that told the legislature they should amend or change the law, so this does not happen again. They really went above and beyond to explain why this has been really wrong and why it needs a big remedy.”

“I’m not only biased,” Rojas said, “I am 100 percent pro-agriculture and pro-farm workers because I grew up in farming. You know, the moment my parents and I arrived from Mexico, we encountered the history of the grape strikes and UFW beginnings. I grew up hearing their stories and ideology.”

Seeing how their current actions and results differ from the original movement told throughout history, this drove Rojas to step out and publicly speak about it.

Pick Justice advocates freedom of choice for farm workers. They are concerned citizens who support the rights of workers to choose whether or not they want to have a union represent them. They are standing up for workers who are victimized by a politicized government agency. They believe that freedom of choice is a human right. From their “About Us” page: “People who are not educated are deprived of their freedom by those who are educated.

Pick Justice exists to educate the public about the corrupt relationship between a once-noble union and the dishonest government employees at the California Agricultural Labor Relations Board (ALRB). We want to help social change to show that, once a union has violated the trust of those it purports to represent, that union no longer votes for the workers.” Pick Justice encompasses the vibrant website www.PickJustice.com, plus YouTube, Twitter, Facebook, Instagram, Pinterest, Tumblr, and Snapchat social media outlets.

Rojas is also founder and CEO of The Redd Group, LLC based out in Bakersfield. “At The Redd Group, we provide all aspects of labor relations and human resources consulting,” he explained. “This year, we started doing more political consulting and public relations, helping campaigns and companies understand data blind spots that may keep them from maximizing their potential and coach them to adopt winning strategies by focusing on the simple 3 M’s of marketing: identify the specific Market, then craft the exact Message, then finally choose the best Medium to deliver the message. Wherever and however we can, we try to contribute our views and beliefs, as well as whatever we can do to change a little bit of the government for the better and create awareness where needed.”

Who Safeguards CA Farm Workers’ Rights? Part 4 – Motion to Disqualify ALRB Member Hall

ALRB Rejects Gerawan’s Motion to Disqualify Isadore Hall III

By Laurie Greene, Founding Editor

Our ongoing coverage of developments among United Farm Workers (UFW), Agricultural Labor Relations Board (ALRB), Gerawan Farming, Inc. and California farm workers chronicles the continuing, increasingly complex quagmire that masquerades as protecting California farm workers’ rights.

In short, after a series of legal volleys between Gerawan Farming and ALRB this past spring, the ALRB, again, refused to disqualify ALRB Member Isadore Hall III, former state senator (35th District, D-Compton), from participating in specific Gerawan legal cases on the basis of alleged pro-UFW bias.

In legal terms, ALRB issued an administrative order on June 9, 2017, denying Gerawan Farming, Inc.’s May 23, 2017 motion for reconsideration of request to disqualify Isadore Hall III from participating in specific case deliberations and decisions regarding Gerawan Farming, Inc.  Likewise, ALRB also denied Gerawan’s request for a stay of the proceedings pending resolution of Mr. Hall’s participation.

BACKGROUND

Condensed Early History

The UFW was certified as the bargaining representative for Gerawan’s agricultural employees in July 1992, after a 1990 election. After one preliminary negotiating session in February 1995, the UFW disappeared for almost two decades, having never collected dues, negotiated for a wage increase, attempted to bargain for a contract or filed a single grievance on behalf of Gerawan employees during their abandonment, according to an April 17, 2017, Gerawan news release.

In 2013, the UFW  invoked a controversial 2002 Mandatory Mediation and Conciliation (MMC) law that allows the ALRB to draft and impose a “contract” on the employer and employees against their will. UFW also proposed that Gerawan employees pay 3% of their wages to the UFW or be fired. Fewer than 1% of the current Gerawan workforce voted in the 1990 election, and many current employees were not even born when that election took place.

California Gerawan farm workers harvesting tree fruit
California farm workers harvesting tree fruit

The majority of employees twice asked ALRB for an election to decertify the UFW. At the ALRB’s request, the Fresno Superior Court intervened and supervised the decertification petition processthe first time in ALRB history that a court oversaw an ALRB election.

On November 5, 2013, thousands of Gerawan workers cast secret ballots to decide whether to decertify the UFW. The ALRB impounded the ballots, which remain uncounted to this date in an undisclosed (possibly insecure) location.

Current History – 2017

Appointment of Isadore Hall III to ALRB

In his January 13, 2017, letter of resignation to Governor Brown as ALRB Chairman, William B. Gould IV stated that the Agricultural Labor Relations Act [ALRA or “Act”] “is now irrelevant to farm workers, in particular, because, for the most part, they are not aware of the provisions, procedures, and rights contained in the law.”

“I have pointed out [in several speeches] that only one representation petition has been filed during the 34 months of my Chairmanship,” Gould continued. “More than 99% of the agricultural workforce appears to be unrepresented and the instances of unfair labor practice charges and invocation of the Mandatory Mediation and Conciliation Act (MMC) are few and far between.”

William Gould, IV, former ALRB chair
William Gould, IV, former ALRB chair

“Regrettably, though the Board adopted the proposed rule 14 months ago for worker education about the Act’s features, the rule has languished in the bowels of state bureaucracy for the past 14 months. My view is that this long delay is substantially attributable to the fact that the ALRB, unlike the NLRB, is not a standalone, independent administrative agency.”

Also on January 13, 2017, Governor Brown designated Genevieve Shiroma as Chair of the ALRB, where she had served as a member since 1999, an appointment that did not require Senate confirmation. Likewise, Governor Brown appointed Isadore Hall III, and the California Senate confirmed his appointment, despite Hall’s public history of pro-UFW activity and endorsements and allegations that he threatened farmers who opposed his nomination.

Agricultural Community Responds to Hall’s Appointment

In Farmers Deserve a Balanced Ag Labor Board,”a letter published in the Sacramento Bee on February 23, 2017 by George Radanovich, (president of the California Fresh Fruit Association), Joel Nelsen (president of California Citrus Mutual) and Tom Nassif (president of Western Growers Association), the authors explained, “The purpose of the Agricultural Labor Relations Act (ALRA) was to bring about a sense of justice and fair play during a tumultuous time in the farm fields of California in 1975.”

“When the ALRB was formed in 1975,” the authors stated, “it was with the understanding that membership would consist of two members representing labor, two representing agriculture, and one public or neutral member. Instead, the board has become one of the most contentious, lopsided administrative boards ever assembled by the state of California. The recent resignation of Chairman William Gould IV and his prompt replacement by former state Sen. Isadore Hall, D- Compton, only further illustrate this imbalance.”

Tree fruit farm worker in California.
Tree fruit farm worker in California.

In place of conducting outreach to all affected stakeholders, including agriculture, “in a matter of 48 hours, Gov. Jerry Brown appointed a termed-out state senator and failed congressional candidate who has no labor law background whatsoever but with strong ties to the UFW.”

Hall’s UFW ties were listed as “financial support by the UFW, personal ties with UFW President Arturo Rodriguez and raising the union banner while marching with the UFW. While a state senator, Hall was the principal co-author of two UFW-sponsored bills and voted in favor of two other bills that would make it easier to force ALRB-written contracts on farmers and workers. These close ties should disqualify him from the position where he will judge UFW issues almost daily.”

“There is no denying that the ALRB’S recent decision to prevent the disclosure of the November 2013 election results, from the high-profile decertification fiasco of Gerawan Farming of Fresno was to cover up the fact that most farm workers don’t want to unionize.”

“Today, California farm workers are protected by the strictest labor laws in the nation, and they decline to unionize because they value a good employer over a union. Brown should recognize this and rewrite the ALRA to guarantee employer representation on the board. California farmers deserve better than a lopsided Agricultural Labor Relations Board.”

ALRB Decides Gerawan Negotiated “in Bad Faith”

On April 14, 2017, ALRB Administrative Law Judge (ALJ) William Schmidt issued an interim decision finding that Gerawan committed an unfair labor practice by refusing to negotiate “in good faith” with the UFW. Essentially Judge Schmidt contended, “Gerawan engaged in collective bargaining negotiations with the UFW with no intention of reaching an agreement covering the wages, hours, and other terms and conditions of employment for the employees in the collective bargaining unit.”

According to David Schwarz, counsel for Gerawan Farming, “This decision was riddled with legal and factual errors. The most glaring of these errors was the fact that ALJ Schmidt found that Gerawan failed to negotiate when it had already been ordered to [follow] a process [MMC] where traditional give-and-take negotiation had been replaced by government-imposed forced contracting.”

According to an April 17, 2017 Gerawan newss release, “The so-called MMC procedures are neither consensual nor voluntary. It is forced contracting. The ALRB tells the employer what wages to pay, what employees to hire, or fire, or promote, and what portion of the employees’ salary will be turned over to the union. The employer may not opt out and the employees are not given the choice to ratify or reject the so-called contract that will be forced on them, even if there are provisions detrimental to them.”

“There is a fundamental – and constitutional – difference between consensual bargaining and state-compelled contracting,” said Dan Gerawan, president and CEO of Gerawan Farming. “The ALJ obliterates this distinction.”

Gerawan added that MMC does not facilitate negotiations. Rather, it is an imposed agreement by force of law and Gerawan was compelled to abide by it.

Schwarz explained, “Per the ALRB’s own regulations, MMC kicks in only after the Board has certified that further negotiation between the parties would be futile.”

At that point, according to Schwarz, a government-appointed arbitrator steps in, hears evidence from each party, drafts a CBA (or collective bargaining agreement), which the Board approves and imposes on the parties by force of law. Since there is no place for negotiation in this process, Schwarz contends there is no logical or legal basis for ALJ Schmidt to conclude that Gerawan’s conduct during MMC could justify his finding that Gerawan failed to negotiate in good faith with the UFW.

Gerawan Files Motion to Disqualify Member Hall from participating in “Bad Faith” Negotiating Case

Isadore Hall III UFW flag ALRB
Isadore Hall III with UFW flag prior to his appointment to the ALRB.

On April 28, 2017, Gerawan Farming, Inc. filed a Motion to Disqualify Board Member Isadore Hall from participating in the deliberations in the case above based on documented “sweeping prejudicial” statements Member Hall made against Gerawan.

“Our DQ motion was very compelling,” Dan Gerawan said. “Hall marched specifically against us and our employees and received an endorsement from UFW in return. It’s ridiculous that he was assigned to a job where 90% of his work will be to adjudicate UFW-related issues, and half of his work will be Gerawan-related.”

ALRB Rejects Gerawan’s Motions to Disqualify ALRB Member Hall and to Request a Stay from Participating in “Bad Faith” Negotiating Case

On May 18, 2017, the ALRB rejected Gerawan’s motions to disqualify ALRB member Isadore Hall and to request a stay in order to resolve the motion to disqualify.

“Hall’s disqualification would leave the ALRB without a current valid quorum of three members to hear the case,” Schwarz said, “thus lacking the statutory power to act. The Governor can resolve this issue by simply doing what the ALRA requires him to do –  appoint two additional ALRB members, thus bringing the Board to its statutorily-requisite composition, which is five members.”

Gerawan Files Motion for Reconsideration of the Board’s Order Denying Motion to Disqualify Member Hall

On May 23, 2017, Gerawan filed a Motion for Reconsideration of the Board’s Order Denying Motion to Disqualify Member Hall, repeating its request for a stay of the proceedings pending resolution of the motion.

“Gerawan filed this motion for reconsideration both to correct serious legal errors in the Board’s initial decision,” Schwarz said, “and to bring to light new evidence regarding the identity of an individual who participated in a conversation with Mr. Hall in which Mr. Hall stated that he was going to ‘get’ Gerawan once he was a member of the Board. This individual, Mr. Shaun Ramirez, provided a declaration in support of Gerawan’s first motion to disqualify Member Hall. However, Mr. Ramirez and his employer, concerned that the Board (or Mr. Hall) might retaliate against them for speaking out, initially asked that Mr. Ramirez’s identity remain confidential.”

“The Board initially refused to consider Mr. Ramirez’s declaration – precisely because he asked that Gerawan not reveal his name for fear of retaliation. After the Board denied Gerawan’s motion to disqualify Mr. Hall, Mr. Ramirez allowed Gerawan to file an unredacted version of his declaration with this motion for reconsideration. This declaration set out in great detail Mr. Ramirez’s interactions with Mr. Hall and Mr. Hall’s statement, in reference to Gerawan, ‘I am going to get their ass.’”

ALRB Denies Gerawan’s Motion For Reconsideration to Disqualify Board Member Hall from Deliberations in this Case

On June 9, 2017, ALRB denied both Gerawan’s motion for reconsideration to disqualify Board Member Hall from deliberations in the case and Gerawan’s request for reconsideration of an immediate stay of the proceedings.

“As discussed,” Schwarz said, “Gerawan filed a motion for reconsideration with an unredacted version of Mr. Ramirez’s declaration. The Board again refused to consider Mr. Ramirez’s detailed account of his conversation with Member Hall. The Board took the position that it was under no requirement to consider such evidence in a motion for reconsideration, as the declaration was not ‘newly discovered’ or ‘previously unavailable.’ The Board discounted Mr. Ramirez’s reasons for desiring anonymity, and disregarded the merits of his sworn statement, without explaining why the revelation of his identity did not require it to reconsider the basis [the anonymity of the declarant] for disregarding it in the first place.”

“Of equal significance is that Mr. Hall participated in deciding his own disqualification motion,”  Schwarz added. “This violates a basic rule of due process and long-standing Board precedent that a member accused of bias cannot decide his own disqualification motion. Instead, Member Hall offered his own statement that he was not biased against Gerawan, albeit without denying or affirming the truth of Mr. Ramirez’s declaration.”

“Unlike Mr. Ramirez,” said Schwarz, “Member Hall’s ‘concurring’ opinion was not under oath.”

In the official ALRB Decision, Hall wrote, “I reject the claims of bias leveled against me by Gerawan and decline to recuse myself from participation in the deliberations in this case.”

Next Steps

In reaction to the Board’s refusal to disqualify Member Hall, Schwarz said, 
“Gerawan will appeal the Board’s decision. We are confident that this unprecedented and unconstitutional decision will not stand.”


Featured photo:  Isadore Hall III marching with UFW prior to ALRB appointment.

Who Safeguards CA Farm Workers’ Rights? Part 5


Resources

Farmers Deserve a Balanced Ag Labor Board,” by George Radanovich, Joel Nelsen, and Tom Nassif, Sacramento Bee, February 23, 2017.

Mandatory Mediation and Conciliation


 

Conflict of Interest Between ALRB and UFW

ALRB and UFW Conflicts Concern Industry

By Brian German, Associate Broadcaster

Governor Jerry Brown’s appointments to the Agricultural Labor Relations Board (ALRB) is causing quite a bit of concern for farmworkers and ag employers alike.

George Radanovich is the President of the California Fresh Fruit Association and a former California congressman who served from 1995 until 2011, representing California’s 19th District. He expressed his disappointment in so many United Farm Workers of America advocates being appointed to the ALRB.

“The board is there to protect the interests of the farmworker. What they’re doing is trying to protect the interests of the United Farm Workers, and that goes completely against what they were created by law to do,” Radanovich said.

William Gould, who was appointed by Governor Brown to chair the ALRB in 2014, announced his resignation recently.  In his resignation letter, he noted that during his tenure, only one petition for unionization had come before the board.  Gould also previously noted that the board spent more of its time on petitions from workers trying to kick out the UFW, rather than petitions seeking to join the union.  That seems pretty telling as to how desirable the UFW is to farm workers.

“The UFW only represents about 2 precent of farmworkers in the state,” Radanovich said. “And the reason is, is because farmworkers are happy with the growers. I mean, there’s a very good relationship there, and they view the UFW as intrusive.”

Radanovich referenced what happened with Gerawan Farms as an illustration of the already problematic relationship between ALRB and the UFW.  “Way back in the ’90s, there was a union vote to unionize, and the UFW just sat back and didn’t mobilize. They didn’t unionize the farmworkers. Twenty years later, they walk back into the operation and say, ‘Okay, it takes effect now.’ Where would that happen anywhere else?” Radanovich said.

The Gerawan workers decided to have a new election, with a majority of workers expressing their disinterest in joining the UFW.  However, those votes were never officially counted.

“They refused to count the votes because it’s real obvious that they’re going to lose, the union would. So the ALRB says, ‘Well, we just won’t count the votes,’ ” Radanovich explained.

According to him, the employment landscape has changed dramatically since the establishment of the UFW in 1962, essentially making the UFW obsolete.  “The reason UFW is so weak and they can’t get membership is because the farmworker is pretty well off today having a good relationship with their employer, and that’s better than union status. The farmworker really is in a better position if he’s got a good relationship with the grower, which accounts for about 90 percent of what’s out there in ag labor today,” Radanovich said.

Radanovich is also a wine grape grower in Mariposa and has a first-hand understanding of just how hardworking and appreciated farmworkers are.  “Growers know that if they don’t take care of their farmworkers, there’s going to be nobody there to pick the fruit. So there’s a natural inclination for the farmer to want to take care of the farmworker. And none of that is accounted for in the way that the ALRB implements these rules.”

The ALRB is designed to be a neutral organization, but filling it with so many UFW sympathizers appears to be a significant conflict of interest.  “It’s really unjust. The ALRB is not there to promote union membership; they’re there to protect the farmworker and I think they’ve lost their focus. … I mean, you only need a union in there if the grower has failed the farmworker and that’s not happening,” Radanovich said. “They’re taking good care of their farmworkers and giving them opportunity and providing them a living at the prevailing wage.”

 

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.