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.

More California Ag News

Gerawan Farm Employees Await Justice When Will the Court Ordered Gerawan Votes Be Counted? Part 1 By Laurie Greene, Founding Editor Jesse Rojas, a farm worker rights activist and spokes...
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 Farmin...
Officials Applaud Ruling in Gerawan Employees̵... Ballots in UFW Decertification Vote Must be Counted By Joanne Lui, Associate Editor Two officials spoke out via press release following today's ruli...
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) rec...