Soble ruled that the ballots will not be counted, writing, “As a result of the employer’s unlawful support and assistance, I am setting aside the decertification election and dismissing the decertification petition.” Gerawan attorney Ron Barsamian admitted to the violation, however claiming that it was not the crux of the issue, saying “The payment to the decertification petitioners to go to Sacramento was from a source outside Gerawan and may be a technical violation, but it also fails to consider the fact that they were going anyway. The money didn’t make them decide.” The case became the lengthiest labor hearing ever in the state of California, involving over 100 witnesses and six months of testimony.
On Thursday, Administrative law judge for the California’s Agricultural Labor Relations Board (ALRB) Mark R. Soble ruled in favor of the United Farm Workers (UFW) union over a 2013 vote cast by 2,000 employees at Fresno-based Gerawan Farming, seeking to decertify the union at the company. The dispute essentially stems all the way back to 1992, when the UFW became certified at Gerawan; however negotiations stalled by 1995 without a collective bargaining agreement in place. While nothing of note occurred for nearly 20 years, the UFW returned to Gerawan in 2012, desiring to resume labor talks and collect dues. In 2013, worker Silvia Lopez became the catalyst for the decertification vote. After the ballots were cast, Lopez traveled to Sacramento to deliver the vote to the ALRB. The UFW, however, claimed that Lopez received a $20,000 donation from the Fresno-based California Fresh Fruit Association to assist with “travel expenses.” In his 192-page ruling, Sobel cited Gerawan’s complicity in the donation, writing “There is powerful circumstantial evidence to suggest that the company knew about this donation beforehand.” The ruling will now go to the ALRB for a further appeal.
Due to evidence of wrongdoing by Gerawan in light of the donation, the ALRB kept the ballots under lock-and-key since they were presented to the board in 2013. Soble ruled that the ballots will not be counted, writing, “As a result of the employer’s unlawful support and assistance, I am setting aside the decertification election and dismissing the decertification petition.” Gerawan attorney Ron Barsamian admitted to the violation, however claiming that it was not the crux of the issue, saying “The payment to the decertification petitioners to go to Sacramento was from a source outside Gerawan and may be a technical violation, but it also fails to consider the fact that they were going anyway. The money didn’t make them decide.” The case became the lengthiest labor hearing ever in the state of California, involving over 100 witnesses and six months of testimony. 19 witnesses claimed abuse by employers during the election process, along with “Jim Crow tactics.” Lopez, an American citizen, also accuses the ALRB of bias, saying in a June interview with DCNF, “They call me ignorant. They said they’d call immigration to take me out of the country.”
The case has led to large rallies in support of the workers’ rights and unsuccessful legislation introduced earlier this year by local Republican state Assemblyman Jim Patterson introducing to reign in the ALRB’s authority. Patterson expressed his disappointment in the ruling in a Friday interview with the Daily Caller, saying “This unjust decision sends a clear message that the ALRB doesn’t think farmworkers are capable of deciding for themselves whether they want union representation. If this ruling is not reversed by the Ag Labor Board, it will be a perpetual stain on their honor.” Although the Gerawan is a member of the California Fresh Fruit Association, but the association’s president Barry Bedwell insists that there is no conflict of interest involved in the board’s response to the vote. Bedwell said, “This was requested by members who had nothing to do with this case. We had received advice on the free speech implications that we should be able to support this. We were transparent. The real question is, does anybody believe that the transportation somehow influenced the overall vote of 2,000 workers? The only way to understand their true intent is to count the ballots. That’s where we’ll continue to push.”
Depending on its appeal, the decision could have widespread implications for the workers at Gerawan and the company itself. As Barsamian notes, the ruling “could open the door to presenting evidence of abandonment of workers by United Farm Workers.” Lopez and others had argued that most of Gerawan’s employees did not work for the company when the initial certification was made in 1992. Soble questioned the motives behind Lopez’s advocacy, and accused Gerawan of essentially paying for it, granting Lopez time off with pay to lead the effort. In light of the evidence of wrongdoing, Soble questioned the authenticity of the results, writing that “the misconduct created an environment which would have made it impossible for true employee free choice when it came time to vote.” Armando Elenes, the national vice president of the UFW, responded to the ruling saying, “This decision reinforces what we have been saying all along. We want Gerawan to obey the law.”
Sources:
Daily Caller – Connor D. Wolf
The Fresno Bee – Robert Rodriguez
The Packer – Mike Hornick
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