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.

California Ag Today2018-10-09T22:42:51-07:00September 27th, 2018|

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

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.”
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 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

California Ag Today2018-09-19T16:45:33-07:00September 19th, 2018|

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.

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.

California Ag Today2018-09-17T17:56:17-07:00September 17th, 2018|

Pick Justice Stands By Courageous Gerawan Farm Employees

Pick Justice’s Jesse Rojas and Gerawan Employees Will Never Give Up

By Laurie Greene, Founding Editor

For nearly five full years, Gerawan Farming Inc. employees have fought a legal battle for the State of California to count their votes cast in the November 2013 election to decertify the United Farm Workers (UFW) as their bargaining representative. According to Jesse Rojas, a farm worker rights activist and spokesperson for Pick Justice, “Anything the UFW does, the California Agricultural Labor Relations Board (ALRB) is right next to them; and anything the ALRB does, the UFW is right next to them. They are one single entity for the most part; they are a partnership.”

Rojas said the ALRB and UFW filed an appeal to the state Supreme Court this week of the Fifth District Court of Appeal decision to count the votes. “We would not be surprised if the state Supreme Court accepts the appeal because Governor Brown appointees and friendly judges would always be likely to take the case,” said Rojas.

“This is where the UFW and the ALRB have failed to mention to the public the fact that we are just asking for the votes to be counted,” Rojas explained. “We are not saying, ‘Certify the results.’ We are not saying, ‘Once you open them and count them, let that be the final choice.’”

“We are saying, ‘You can still litigate it,’” Rojas continued. “‘You can still appeal it. You can still destroy [the ballots] if you want but count them. So why are you so afraid to simply count them?’”

Gerawan Farm Workers Protest against UFW at California Supreme Court.

‘This is the perfect question for the UFW, the ALRB, and our California legislators: Why are you so afraid? Employees deserve to know what the choice was, even if you choose to destroy [the ballots] afterward,” Rojas said.

Rojas explained how Governor Brown appointed people to the ALRB who are UFW sympathizers or people who have worked for the UFW.

“It is not only corrupt, it is also very sad and unfair to see over the last years how many companies and jobs have been lost. How many employees and families have been affected? I am not talking just about Gerawan Farming Inc. workers. We can go on and on in McFarland, Delano, Bakersfield, Salinas and Santa Maria for similar examples of how the ALRB has failed to protect farm workers.”

“Launching Pick Justice was great because it started with thousands of Gerawan farm employees who have been very courageous and have not given up,” Rojas explained. “Pick Justice expanded when other workers started reaching out to us from different companies, perhaps dealing with different issues. For example, we have a lot of workers from the Monterey and Salinas area that have been under a UFW contract for decades, but the UFW fails to protect them.”

“The UFW neglects its members by not reporting certain things to them, by segregating those employees who are unhappy with [the UFW] as well as keeping them away from information or meetings,” Rojas said. “Also, by being on the side of the employer—whatever the employer wants to force upon the workers, even if it’s not in their best interests—and forcing it down their throats.”

“After I reached out to Silvia Lopez, we started to meet over the following months. Many of the workers reached out to me. I have spoken to them on my phone. I’ve gone to their houses. I know their spouses. I know their children. I’ve eaten with them, and that’s where I became even more passionate. I said, ‘Look, you guys are the face of this. Your courage is what makes this effort great over so many years; you just don’t give up. You know what you want, and you know what is right.’ ”

Jesse Rojas, spokesperson for PickJustice.com

“All I have to do,” Rojas continued, “is help you with communication media using techniques that I know, which is so simple. Social media, digital marketing, things that I grew up with and that I’m very good at. Pick Justice is not about me; it’s about them. If they weren’t still fighting, if they weren’t as strong and courageous as they are, we would not have Pick Justice today.”

“In this fight, we’ve gone up against almost all odds. We are going against the state government. We are going against a three- to four-decade-old system, with views, opinions, and decades-long teachings of the UFW and its leaders—its idols, per se—who have parks, schools, and streets named after them.”

“We’ve been attacked, and we continue to be attacked. But we know what we’re doing is right, and we have the numbers. If I didn’t have thousands of workers standing behind me, I wouldn’t be able to do this.”

Rojas said the Gerawan farm workers absolutely knew if they kept fighting, they would be vindicated.

“They did not give up; they are so motivated. And now, we’re in a waiting game for the most of accounting, but the stakes are high.”

Silvia Lopez, Gerawan Employee

“Think about Silvia Lopez,” he said. “You don’t think she’s going to be attacked by the UFW after attending Ivanka Trump’s recent Central Valley event? You don’t think I’m going to be attacked? I’ll give you an example. When Silvia met Tim Donnelly, a 2014 gubernatorial candidate who cared about her story, the UFW circulated a flyer of that picture and called her a racist towards all employees. Why? Because she’s searching for help for farm workers.”

“The UFW is weak; they represent less than one percent of the farm workers. California has an estimated average of 800,000 farm workers in the state—could be more, could be less,” Rojas said. “Current UFW membership fluctuates around 5,000 active members—less than one percent of farm workers. So for them to continue to be quoted as ‘the champions for farm workers and for Latino workers’ is absolutely wrong.”

“Specifically, their words and their actions do not go with one another,” he continued, “including their stance on immigration. If people simply looked up some of the legislation opposed by the UFW, they would see that the UFW is actually not for immigration. It is ironic and hypocritical to keep quoting and portraying the current UFW leadership as pro-employee and pro-Latino.”

“I know I will never give up and I know that thousands of workers behind me will never give up.”

California Ag Today2018-07-26T19:45:07-07:00July 26th, 2018|

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, 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.

California Ag Today2018-07-06T18:03:29-07:00July 6th, 2018|

Gerawan Workers Have Been Vindicated

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!

Silvia Lopez, Gerawan Employee

Yesterday, California’s 5^th 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.”

Dan Gerawan, co-owner Gerawan Farming, Inc.

“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.’”

Anthony Raimondo

“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 23^rd Assembly District that covers parts of Fresno and Tulare Counties.

Jim Patterson

“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.

California Ag Today2018-06-06T09:09:04-07:00May 31st, 2018|

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.

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 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.

California Ag Today2019-12-25T16:01:33-08:00May 7th, 2018|

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.

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)

Who Safeguards Farm Worker Rights? – Part 8

Pick Justice, Gerawan Farm Workers Protest Forced Unionization

California Ag Today2019-12-25T15:44:52-08:00September 6th, 2017|

Who Safeguards California Farm Workers’ Rights? Part 3 – Bargaining in Bad Faith

What Does “Bad Faith” Mean?

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.

As previously published, ALRB Administrative Law Judge William L. Schmidt issued a decision on April 14 in favor of the UFW, finding Gerawan violated labor law by negotiating a collective-bargaining agreement with UFW “in bad faith—commonly called “surface bargaining”—in the eight-month period from January 2013 through August 2013.

“Candidly,” said Anthony Raimondo, president and owner of Raimondo & Associates and attorney for Silvia Lopez, the Gerawan Farming employee and petitioner to decertify the UFW from representing Gerawan farm workers, “it is not surprising to me at all that this type of decision went against the company, because this ALRB has been in the pocket of the [UFW] … this whole time.”

“This is very much what happened to the workers in the [decertification] election case,” Raimondo said, “when the ALRB refused to count the ballots. They slammed the workers for exercising their right to free speech—to protest. They attacked the workers for engaging in actions of civil disobedience, and they denied the workers the right to vote, essentially, by refusing to count the ballots.”

On March 20, the UFW filed a claim alleging that Gerawan violated the ALRA by “proposing and insisting on” the exclusion of the farm labor contractor (FLC) employees from the terms of any collective bargaining agreement the parties might conclude.

“What the union was claiming here,” Raimondo explained, “is that Gerawan had made a contract proposal, as I understand it, that said that the employees that it receives from farm labor contractors would be excluded from the terms of the collective bargaining agreement. According to both the UFW and the Agricultural Labor Relations Board, making such a proposal alone represents “bad faith bargaining.”

“Bad faith bargaining is when you bargain without the intention to make an agreement,” Raimondo said. “In this case, for example, I don’t see how that could be possible in the Gerawan case because I’ve seen UFW contracts from the past that did exactly that—they agreed to exclude labor contract farm employees.”

“It is very common,” Raimondo explained. “I negotiate collective bargaining agreements all the time. It’s very common when you’re negotiating a collective bargaining agreement to look at other contracts in the same industry, with the same union, to get an idea of what they’ve agreed to in the past. I do not know how recently they’ve done it, but in past years, I have certainly seen contracts that the union has agreed to, where labor contractor employees were excluded.”

Among the mandates issued by ALRB Administrative Law Judge William L. Schmidt in his April 14 decision on Case 2013-CE-010-VIS is a requirement that Gerawan Farming cease and desist from persisting in its refusal to bargain with the UFW about the wages, hours and other terms and conditions of employment for those members of the above bargaining unit who are employed by farm labor contractors.

“I personally am very skeptical of this decision,” Raimondo commented. “It seems to me to be a stretch of the whole idea of bad faith bargaining, which is bargaining without the intention to reach an agreement, especially since what we’re talking about here is a proposal. But the fact that an administrative law judge of the ALRB made a decision in favor of the UFW does not shock me at all.”

“It’s difficult for me to see how proposing something that a union had agreed to in another contract, with another employer, would trigger an accusation of ‘bad faith bargaining.’ I would be surprised if this stands up an appeal, but to me, it’s most indicative of what we’ve seen from the ALRB over the last few years, and it’s likely to continue. The ALRB is no longer an objective, independent state agency that enforces the law. This is an arm of the United Farm Workers Union, whose mission is to save this obsolete union from the consequences of its own failures.”

“Biased as the original election decision was against the farm workers, the one thing that really stood out to me, even for this biased judge,” Raimondo said, “is even the ALRB admitted that the movement in favor of decertification of the UFW was not started by Dan Gerawan. It was a movement that started organically among the workers; they organized themselves to take the action that they wanted to take.”

“The fact is,” Raimondo continued, “these workers had their minds made up. They were disgusted by the UFW’s absence, they were disgusted by the union trying to force a contract on them, without even talking to them about it first. When they found out that this contract was going be shoved down their throats, they organized themselves and they fought back. The ALRB wants to discredit the entire movement that exists amongst the Gerawan workers.”

ALRB Notice to Gerawan Employees

“When you have a law that is designed to grant farm workers their voice, and their right to self-determination, as we have with this agricultural labor relations act, it seems to me to be an abomination, when you can acknowledge that workers organize themselves to be heard, and then you deny them that voice because of something that their employer did. What control do the workers have over their employer? The workers are now responsible for things that the employer does, that cost them their right to vote?”

“There is no basis in the law for this idea that the entire process is somehow tainted in a way that invalidates the election,” Raimondo said. “If you read the Agricultural Labor Relations Act and the case law, the law is very clear that when an election is held, the only time that we reverse the outcome of an election, or ignore the outcome of the ballots, is when there has been misconduct by a party that actually affected the outcome of the election.”

“You can go back to cases from the ’70s and ’80s,” Raimondo continued, “where the UFW had protestors out there at the polls, and employers complained that that affected or influenced the workers, or intimidated them in some way. Unless the employer could show that there was some actual effect on how the workers voted—that affected the outcome of the election—the election would be upheld.”

“No one in this case has ever produced the slightest shred of evidence that anything that Gerawan did or said ever affected how these workers voted, or how they felt about the union. This idea of a so-called ‘tainted election,’ is something that was invented in the last few years by ALRB judges. It doesn’t appear in the law. This whole process has been biased.”

“In fact, more than anything else, the thing that shaped how the farm workers felt about the union was the 17 years when the union wasn’t there. The union has never had to defend their absence from Gerawan employees because the ALRB never forces them to answer for it. The ALRB considers that to be irrelevant.”

“Yet, they slander Gerawan. They discredit the workers’ efforts to organize themselves. They want to discredit the entire movement that exists amongst the Gerawan workers. They deny the workers the right to vote, but they completely ignore the fact that the union failed in its most fundamental purpose, which is to represent workers.”

Featured Photo: Attorney Anthony Raimondo

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

Patrick Cavanaugh2018-05-07T01:03:23-07:00May 26th, 2017|

ALRB Discharges Farmworker Vote, Part 2 Exclusive Interview with Attorney Raimondo

Anthony Raimondo, “Let the People Vote!”

In an exclusive interview with Fresno attorney Anthony Raimondo, California Ag Today’s Patrick Cavanaugh discussed the significance to farmworkers of yesterday’s Agricultural Labor Relations Board (ALRB) decision to “set aside” Gerawan farmworker votes from the ALRB-sanctioned November 2013 election to decertify the UFW. Raimondo is the attorney for the UFW union decertification petitioner, Silvia Lopez, an employee of Gerawan Farming, a Fresno County diversified tree fruit operation.

California Ag Today: The central California agricultural industry is flabbergasted this week following the California Agricultural Labor Relations Board’s decision to set aside—and not count—the ballots of 2,600 Gerawan farmworkers cast in 2013. What is your take on this decision?

Anthony Raimondo, Fresno County-based attorney

Raimondo: It is unfair because from the outset, we have argued all along that this entire process has been unfair and has denied the workers their “day in court” and their due process. From the first day that Silvia Lopez walked into the ALRB office in Visalia, the greatest opposition to her filing for an election has been the ALRB itself.

We had a judge who couldn’t stay awake for the hearing. We have board members who are—shall we say at the least—biased. In the case of ALRB board member, Genevieve Shiroma, we have a person whose entire career is intertwined with the UFW’s primary paid lobbyist. There’s no way these folks can be objective in a case that has this kind of stakes in the UFW.

And this case is all about money. If they can get a contract with Gerawan, the UFW will essentially double its revenue and double its membership overnight.

California Ag Today: What is at stake for the UFW?

Raimondo: There is a clear reason why the State would end up spending $10 million on this case: They want to silence these workers and save the UFW. There is no union organizing in the field; the UFW has abandoned organizing. They’re not out there getting the workers to support and join the union.

They’re in the courtroom and in the back halls of Sacramento, making deals to take control of these workers’ future, whether the workers want it or not.

California Ag Today: In denying the ballot votes to be counted, the ALRB said it was unfair that the employer—Gerawan in this case—gave the workers a pay raise without permission of the state government or the UFW.

Raimondo: But even with this illegitimate process, the only thing that the Board actually found was that the employer violated the law—not the workers.

So the Board is going to punish the employees by destroying their ballots, like some sort of third-world dictator. What control does the farmworker have over what the company does? What can the workers do to protect their right to vote if their right to vote can be thwarted by what a third party—the company—does?

The workers’ right to vote shouldn’t be in the hands of the company, or of the union, or of anybody else. The California Constitution says that when people cast votes in our state, those votes must be counted. That’s apparently true, unless you’re a farmworker.

California Ag Today: And the agricultural industry is asking, “How can the State of California and the state ALRB get away with this?”

Raimondo: It’s appalling what they’ve done here. It really is appalling. They’ve decided that the best way to control the behavior of an employer is to punish the workers who have no control over that employer.

You know there’s no reason that, if they believe that that election was tainted, they can’t run another election. I’ve spoken to Silvia, and Silvia’s not afraid of letting the people vote. I wonder if the UFW is as brave.

Let the people vote.

California Ag Today: Is the ALRB and the UFW requesting a new vote?

Raimondo: No, they want the farmworkers to stand off to the side and be quiet while the UFW makes the deal through political moves to take their money.

California Ag Today: What’s next?

Raimondo: We are planning, on Silvia’s behalf, to file briefs in the ongoing mandatory arbitration case that is sitting before the California Supreme Court. The UFW has a brief due and the Court has not yet set a hearing date.

We’re hoping that the Supreme Court will be kind enough to give us the opportunity to speak in that case, as the Court of Appeal did. So that case still provides us with a very real chance to vindicate the workers’ rights.

In the election case that was just decided, we are planning on filing a petition for reconsideration with the Board. We think that they need to think twice before they destroy people’s ballots.

California Ag Today: The ballots have not been destroyed at this point, right?

Raimondo: We don’t know. That’s a question only the ALRB can answer.

From my view, I would hope that they were not rushing to have a bonfire today.

I would think that because these votes are precious and irreplaceable, the Board would show the restraint to withhold taking any action on the ballots until the parties have had the opportunity to pursue the various legal options that we have to challenge this decision and make sure they are doing the right thing.

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