UFW Breaks Law on Public Hearing But Will Appeal ALRB Ruling
August 9, 2018
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.