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.”
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.
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
ALRB Board Agent is running the election
UFW voter observer
On stage, seated for observation and simultaneous tallying
Gerawan farm employee, Angel Lopez.
On stage, seated for observation and simultaneous tallying
ALRB voter observers
On stage, standing for observation
Gerawan farm employee
On stage, standing for observation
On stage, standing for observation in Black Vests with ALRB patches
TOTAL ON STAGE
Silvia Lopez, Jessie Rojas (Pick Justice), Gerawan employees, people in red UFW t-shirts,; media.
Lawyers: Tony Raimondo, Ron Barsamian
Eduardo Blanco, ALRB
Assmb. Jim Patterson, Shannon Dee Grove (Kern County)
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
Cervantes removed ballots in yellow envelopes designating them as “challenged ballots.”
Silvia said even if there are 300 Challenged ballots, “We’ll be OK.”
Challenged ballots were identified during the Nov. 2013 election under the following circumstances:
Farm employees were told to bring a paystub.
Upon arrival, voters picked at random, were asked to show a California ID as well.
If they lacked a second ID, CA ID, their votes were sealed in yellow envelopes designated as challenged ballots.
Many voters told Silvia their vote was challenged. They were upset, angry and intimidated.
TOTAL Contested ballots 634
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
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
Counted in bunches of 50 2
Read “No Union” in Spanish
Cervantes made announcements in English, then Spanish
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.
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.
Jesse Rojas, the spokesperson for Pick Justice, summarized the July 24, ALRB decision in favor of the Gerawan farm workers as “amazing.” The ALRB ruled the UFW broke the law and violated the rights of Gerawan farm workers on September 9, 2015, at a public hearing conducted by the ALRB in a hotel in Fresno.
At the 2015 public hearing, Nancy Oropeza, a UFW organizer, instructed hotel security to ban Gerawan Pick Justice employees from attending—in violation of their protected concerted activity. ALRB Administrative Law Judge Mark R. Soble (ALJ) issued the decision that the UFW violated the Agriculture Labor Relations Act by temporarily excluding a group of pro-decertification, anti-UFW farm workers of Gerawan at the recent hearing based on witness interviews and, more importantly, a video that captured everything.
“As you know, with these legal matters,” Rojas explained, “the UFW unfortunately still has the right to appeal it, even though a remedy has been issued. The remedy includes posting notices, just like typical unfair labor practices, to let employees know the UFW broke the law and that it is not supposed to happen again.”
“Ultimately, the ALRB—an unelected, governor-appointed board—has the authority to make the ultimate decision to uphold the ALJ’s full decision, to change it, or to deny it,” Rojas remarked.
“What is a bit disturbing, especially if you compare other cases where the ALRB is very strong against a company or a grower for violating employees’ rights,” he continued, “is the three ALRB members in Sacramento did not want the UFW to advertise the Judge’s remedial message that the UFWbroke the lawon theUFW’s La Campesina Radio Network. Furthermore, the ALRB did not uphold the ALJ’s recommendation to retrain their organizers so this does not happen again.”
“But because Judge Sobel publicly claimed that the video was a very persuasive piece of evidence,” said Rojas, “the ALRB still upheld that the UFW violated the law. So, the ALRB toned down the severity of the issue and basically just gave [the UFW] a slap on the hand. But we are hopeful that eventually, even if the UFW appeals, this will get remedied and the employees at Gerawan will know that the UFW broke the law and that they have the right to attend a public government hearing.”
Pick Justice is an organization that advocates for 99 percent of the farm workers in the state of California to protect both their freedom to choose their own labor representation as well as their constitutional rights. Pick Justice has supported the Gerawan farm workers in their ongoing legal attempt to mandate the courts to force the ALRB to count their votes from a 2013 election to decertify the UFW as their labor representative.
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)
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.
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.
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.
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.”
Gerawan Workers Will See Vote Counted After 4.5 Years of Seeking Justice
By Laurie Greene, Founding Editor
Following the Nov. 5, 2013 Gerawan Farming, Inc. employees’ legally unresolved election to decertify the United Farm Workers (UFW) as their collective bargaining representative, the employees’ message has been simple: Count the votes!
Yesterday, California’s 5th District Court of Appeals—in a 3-0 decision—ordered the California Agriculture Labor Relations Board (ALRB) to unseal the ballots, count them and issue an official tally.
Dan Gerawan, who co-owns Gerawan Farming, Inc. with his brother Mike and father Ray, said “This is a victory for our employees who never gave up the struggle to achieve the same rights that all other workers have. And we never wavered from our support of their right to choose.”
“I have no clue when the votes are to be counted,” Gerawan explained. “The ARLB and UFW are going to appeal this decision to the California Supreme Court. I do not know if the California Supreme Court will take it.
“But I’m certain that ARLB and UFW are going to try to get the California Supreme Court to take it because the last thing they want is for our employees to have a choice. They want this unionization forced on them against their will,” Gerawan said.
“This is a huge victory and well deserved to these thousands of Latino immigrant farmworkers who have been fighting and sacrificing their time and families’ future to simply have the right to choose and vote in America,” Jesse Rojas, Spokesperson for Pick Justice, an advocacy group for Gerawan farm employees.
“The ALRB and UFW clearly continue to show that they are afraid to let workers vote and show what they want and what is better for their families. After glancing through the Fifth District Court of Appeals decision, I find the attached highlighted screenshots worth noting,” said Rojas.
Anthony Raimondo, president of Fresno-based Raimondo & Associates, is the attorney for Gerawan Farms employee Silvia Lopez, who started the petition and campaign to oust the UFW when they returned to the farm following 20 years of absence. The UFW never successfully represented the employees in reaching a contract with their employer, nor did it ever collect union dues from employees.
“The Court of Appeal is very clear,” said Raimondo. “It just says, ‘You’ve got to count the ballots.’”
“The first thing that Silvia said to me was how happy she is to get this decision from the Court,” Raimondo continued. “This is a vindication of what the workers have been fighting for, for more than five years now, since they first began this effort to expel the union. They aimed to protect their income from going to fund the UFW’s efforts,” Raimondo stated.
“The workers have been ignored. Their rights have been trampled on by the ALRB. The ALRB has disregarded them. They were told that they didn’t matter. They were told that their voice would never be heard, but they never gave up,” Raimondo said. “They never stopped fighting. This decision is a vindication of the fact that justice can be done and that the right thing can happen when people remain committed to it. I can’t say enough about the commitment these workers have shown to this effort.”
“This is a huge victory for these farm employees,” said California Assemblymember Jim Patterson who represents the 23rd Assembly District that covers parts of Fresno and Tulare Counties.
“I’m happy for them. Justice is being done, although it is taking a long, long time. It’s another indication of just how far off base the ALRB is. Primarily, the ALRB is a tool for the UFW to force the Gerawan field employees into contracts that they do not want, cannot approve, and did not vote for. So it’s a very good decision for these workers to have the kinds of freedoms that everybody else has.”
Patterson emphasized that the ALRB’s goal is to take those kinds of freedoms away. “The vote count will probably go forward. My guess is ALRB will try to drag their feet. But I think this is a solid [Court] opinion. And now we wait and see if the ALRB considers themselves to be above and beyond the law, or whether they recognize that they have gone far afield, and they’re going to have to correct some very, very illegal behavior,” Patterson said.
Raimondo explained, “There is no substantive history in the record that demonstrates that the ALRB had any jurisdiction or any legal standing to take those ballots and stash them away for all of these years. It was a blatant effort to stifle their votes to do the bidding of the UFW. They have gotten caught at it, and now they’re going to have to correct their illegal activity. If they don’t, I think they are going to suffer some severe decisions with these Courts. I think if they don’t comply, they’re going to get very close to breaking Court orders and breaking the law.”
Gerawan added, “Don’t forget, fifteen million taxpayer dollars have been spent to suppress those ballots. That kind of money spent by anyone, even the government, could [indicate] a lot of fraud took place with that ballot box.”
Raimondo claimed, “It is clear that the Gerawan farm employees are not cynical. They believe in the promise of America. They believe in our system of justice. That’s why they have continued to fight. It’s why they have continued to protest. It’s why they have continued to assert their voice in Court.”
“They knew from the very beginning that this was an injustice,” Raimondo continued..”They knew that the ALRB was mistreating them. They knew that they were treated like second-class citizens, but they also believed that if they continued to fight and to do things the right way—through peaceful protest and by asserting their positions in Court—that the right thing would happen. The workers had faith that the system works, that judges would ultimately hear their voices and that justice would be done.”
“The reality here, I believe, and the Gerawan workers believe, is that in the end, justice will prevail. We believe we will be heard and corruption will not win. The workers’ voice is going to win here. Democracy is going to win here. Those votes will be counted,” Raimondo said.
Ballots in UFW Decertification Vote Must be Counted
By Joanne Lui, Associate Editor
Two officials spoke out via press release following today’s ruling that the Agricultural Labor Relations Board (ALRB) must count the ballots cast by Gerawan employees in the 2013 vote to decertify the United Farm Workers (UFW) as their union bargaining representative.
George Radanovich, President of the California Fresh Fruit Association, applauded the decision by the 5th District Court of Appeal.
Radanovich stated, “This has been a long time coming. We are encouraged and pleased to see the Court account for the most important opinion in this entire matter, the prerogative of the employees.”
Gerawan employees voted in a sanctioned election in November 2013 to decertify the United Farm Workers as their bargaining representative. Despite having ordered, sanctioned and supervised the election, the ALRB impounded the ballots, withheld a final vote count, and thereby denied recognition and acceptance of the employees’ decision.
Radanovich continued, “Today’s Court action would not have occurred without the determined effort of Gerawan Farming, Inc.; the Gerawan family; and in particular, company president Dan Gerawan, for defending his company and his employees’ right to choose. Finally, sunlight has been cast onto this injustice and the farmworkers’ voice will be heard.”
Assemblymember Jim Patterson (R-Fresno) made the following statement regarding today’s ruling:
“This moment is the next step in the most important civil rights battle of our time. More than 2,600 immigrant farmworkers from the Central Valley cast their ballots to determine their own future. Those votes were locked up tight and stowed away by the ALRB—the same agency whose job it is to protect the rights of farmworkers.”
“These hard-working men and women know exactly why their ballots were taken, and they have spent countless hours fighting for the fundamental right to have their votes counted so their voices can be heard loud and clear. Today is victory for them.”
Court Allows UFW to Force Representation and Dues on Gerawan Employees
By Laurie Greene, Founding Editor
The California Supreme Court announced their decision on Nov. 27, 2017 in favor of forced UFW representation on Gerawan employees, thus mandating these workers pay three percent of their wages to the UFW or lose their jobs.
As background, the UFW was elected to represent Gerawan employees in 1990, but never successfully represented them in contract negotiations. Subsequently, the UFW disappeared from this farm operation for nearly two decades, so 99% of current Gerawan employees never voted for union representation; many were born after 1990. In addition, Gerawan employees have reportedly been paid the highest wages in the industry.
Below is the transcript (in English) of the message, which was recorded in Spanish, that all Gerawan employees heard when they called in on Nov. 27, 2017 to hear their work schedules.
Hi, this is Dan Gerawan.
Unfortunately, the California Supreme Court today decided to overturn the lower court that had said you should have the right to choose whether a contract is forced on you. Instead, the California Supreme Court agreed with UFW and ALRB that you should not have the right to choose, even though you have to pay UFW.
Fortunately, today’s decision does not strip your right to decide whether the UFW can represent you. The majority of you asked for the right to make that decision, and the ALRB held a decertification election over four years ago.
Nothing in today’s court decision prevents your ballots from being counted. As you may know, the California Fifth District Court of Appeal is still going to decide whether your votes from the November 2013 election will be counted.
You are entitled to the same dignity and respect that all other workers in our state and country have, which is the right to choose who represents you.
As for today’s decision, we intend to ask the United States Supreme Court to review it.
Thank you for listening.
According to the November 27, 2017 press release posted by David A. Schwarz, legal counsel for Gerawan Farming, “We believe that coerced contracts are constitutionally at odds with free choice. The employees are entitled to the dignity and respect that they earned by giving them what is their right. A secret ballot election allows them to decide for themselves who will speak for them at the bargaining table.”