ALRB Officially Certifies Gerawan Workers’ “No Union” Vote

“No Union” is Official Result

News Release Edited by Laurie Greene

TODAY, the Agricultural Labor Relations Board (ALRB) officially certified that a majority of the valid ballots from the November 5, 2013, election that were counted five years later in Fresno on September 18 were cast as “No Union.” In addition, the ALRB concluded that “the United Farm Workers of America thereby lost its prior status as the exclusive representative of the employees for the purpose of collective bargaining.”

Silvia Lopez, a Gerawan employee at the time, filed the petition on October 25, 2013, to decertify the UFW as the bargaining representative of the agricultural employees of Gerawan Farming, Inc., which led to the sanctioned decertification election a few weeks later. Today, Lopez commented, “I cannot believe what just happened today. The ALRB certified our votes and results. I am speechless and beyond excited and happy because justice was finally done.”

Count our votes Farm workers' rights UFW Endorsement "No Union"
Count the Votes

Said attorney Anthony Raimondo, “This is a great day for farm workers all across the state of California who can finally celebrate the fact that they wll be the ones who decide their future, not a government agency or a politically connected union. The workers will rest easy tonight knowing that their wages belong to them and will not be taken from them by the United Farm Workers union.”

“We are grateful that the ALRB has recognized the undeniable truth of the workers’ will as expressed in the vote,” Raimondo continued, “and relieved that the agency has decided to abandon its alliance with the UFW and work for the rights of California farmworkers rather than the financial health of a failing union.”

Jesse Rojas, spokesperson for Pick Justice, stated, “Pick Justice was started because of the courage, strength and determination of thousands of farmworkers who simply wanted the right to choose and to be treated equally like every other worker in the state and country. We are thankful that the ALRB finally did the right thing after 5 years of suppressing workers’ rights. Today is a historic and huge victory for the Gerawan farmworkers. Pick Justice is just getting started and will continue to advocate for what is right.”

Link: To review the ALRB Certification of the November 2013 Election to Decertify UFW issued TODAY, September 27, 2109, click on 44 ALRB No. 10.

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.

Motion Filed in Fifth District Court to Count the Votes!

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

 

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

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

No. F073730

To Whom It May Concern:

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

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

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

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

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

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