UFW Breaks Law on Public Hearing But Will Appeal ALRB Ruling

Pick Justice Video Evidence Proves UFW Wrongdoing

By Laurie Greene, Founding Editor

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 UFW broke the law on the UFW’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.

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Farmers Demand Special Master Preserve Uncounted Ballots

Farmworkers at Gerawan Farms have requested the United States District Court (USDC) assign a special master to take possession of their uncounted decertification election ballots.

The uncounted ballots have been in the possession of the Agricultural Labor Relations Board (ALRB), which has been accused by both farmworkers and Fresno Superior Court Judge Jeffrey Y. Hamilton of being “in cahoots” with the United Farm Workers (UFW) union to suppress the farmworkers’ votes.

“We don’t trust the ALRB,” said Gerawan farmworker Silvia Lopez, who filed the motion yesterday in federal court. “They have been working against us from day one and we don’t believe they are fair or have our best interests in mind. We don’t believe that the ballots are safe with them. A special master will guarantee that the ballots remain safe.”

Ms. Lopez has also requested in the motion that if the USDC appoints a special master, the neutral third party should count the ballots. “There are strong judicial economy reasons to count the ballots, as well as elementary notions of fairness and justice that would support this decision,” said Paul Bauer, attorney for Ms. Lopez.

The ALRB has engaged in a number of activities that proves it is neither impartial nor protecting the rights of the farmworkers, including:

  • ALRB mediators refused to allow farmworkers to attend public Mandatory Mediation and Conciliation (MMC) hearings and contract negotiations.
  • Of the nearly 2,500 signatures originally submitted for the decertification petition, the regional director claimed only 100 were invalid, meaning there were still enough valid signatures to require an election.
  • Despite having 2,500 signatures—enough to trigger the decertification election—the regional director claimed there was not a sufficient showing of interest.
  • Farmworkers then submitted 3,000 signatures in a fraction of the time taken to collect the first set. Three days later, the regional director used another excuse to deny the farmworkers’ vote. This time he incorrectly stated that the union contract had been approved and the farmworkers were prohibited from holding a decertification election. The ALRB members in Sacramento overturned this action.
  • For a third time, the regional director tried to stop the vote by engaging in a sham investigation. The ALRB office in Sacramento again overturned his ruling and instructed him that no other blocks to the decertification election were permitted.
  • A legal decertification election was held on November 5, 2013, but the governor’s ALRB has refused to count the ballots. The ballots are currently in possession of the same regional director who attempted to stop the election from happening three times.
  • Despite a legal challenge to the MMC proceedings and the uncounted decertification ballots, the ALRB General Counsel attempted to impose the new UFW contract on the farmworkers by filing a Temporary Restraining Order (TRO) in state court. The judge refused to grant the TRO.

Even Superior Court Judge Jeffrey Y. Hamilton, who presided over the TRO hearing, told the ALRB General Counsel, “In other words, it’s a little bit disingenuous to say you’re protecting these workers’ rights; yet you’re blocking their election at every turn.”

“We hope the federal courts allow a special master take possession of our ballots,” Lopez continued. “It’s clear to everyone, even the court, that the ALRB doesn’t work for us. Why should someone working for the people we’re trying to fire get to keep control over our ballots? It’s not fair and must be stopped.”

To learn more about the farmworkers fight and to view this press release, please visit www.farmworkerrights.com.

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