July 28, 1998
Joint Labor Committee in Legislature to Start Hearings
On ALRB Behavior in Coastal Berry Vote
Workers, union leaders to testify on sham union=s violence and intimidation tactics’ violence and intimidation tactics
violence and intimidation tactics
Coastal Berry workers will testify before the California Legislature=s Joint Labor Committee at 11 a.m. Tuesday, July 28, to provide evidence why the July 23 ALRB election was a sham and should not have been conducted.
The UFW contends that the ALRB allowed an anti-union group to file an election petition alleging to be a labor organization. The anti-union group has a long history of intimidation and support from the grower community. The UFW further alleges that company supervisors assisted the anti-union group to gather signatures and intimidated workers to vote for them in the election.
The UFW further alleges that in spite of the overwhelming evidence of violence and intimidation the ALRB proceeded with the election. ALRB Regional Director Freddie Capuyan acknowledged the violence and used this as a reason for proceeding ahead with the election, which calls in question the conduct of the ALRB. The UFW did not participate in the unfair election because of the violence. The so-called union, whose spokesperson is an anti-union worker charged with assaulting co-workers and police, won the July 23 ballot. The next day, 75 percent of Coastal=s field workers walked off the job to protest the election.
The hearing, chaired by Sen. Hilda Solis and Assemblyman Richard Floyd, will examine the specific evidence regarding the election at Coastal Berry and why the ALRB chose to proceed while serious charges about the validity of the election and the organization petitioning for the election are pending. Legislators will also ask ALRB officials to testify about their election procedures when there is violence and when there are questions about company domination of a group presenting itself as a union.
WHAT: Legislative hearing on behavior of ALRB at Coastal Berry, chaired by Sen. Hilda Solis and Assemblyman Richard Floyd; workers, UFW President Arturo Rodriguez, UFW Secretary-Treasurer Dolores Huerta, will testify.
WHEN: 11 a.m. Tuesday, July 28.
WHERE: Room 2040, State Capitol, Sacramento.
Among the evidence that will be presented are videos, documents and worker testimony.
TESTIMONY FROM ARTURO S. RODRIGUEZ, PRESIDENT
UNITED FARM WORKERS OF AMERICA, AFL-CIO
BEFORE THE JOINT HEARING BEFORE THE SENATE COMMITTEE ON INDUSTRIAL
RELATIONS AND THE ASSEMBLY COMMITTEE ON
LABOR AND EMPLOYMENT
The ALRB allows an election for workers to be represented by an anti-union organization that has engaged in violence against workers July 28, 1998-Sacramento, Calif.
I wish to thank the chairs of the Industrial Relations Committees, Senator Solis and Assemblyman Floyd for holding this special hearing.
The future of farm worker representation by unions is at stake. The representation election that the ALRB conducted on July 23, 1998 has significant implications for the future well being of farm workers in the state of California.
The Agricultural Labor Relations Board allowed an organization that was clearly not a union to file an election petition as a labor representative for the farm workers at Coastal Berry farms in Watsonville, California, where the United Farm Workers has an ongoing campaign.
Since we began our campaign at Coastal Berry farms, workers have received a $1.00 an hour wage increase, a medical plan that the company instituted after our campaign began, clean and sanitary bathrooms and an end to sexual harassment. We also assisted workers to file and win a $500,000 law suit for unpaid wages at this Company. Other strawberry companies that are part of Driscoll Associates have had suits filed by workers against them for sex discrimination, unpaid wages and violations of Proposition 65 for not advising workers of the application of the pesticide captan, with the assistance of UFW organizers.
It is obvious that the fraudulent election held at Coastal Berry Farms on July 23, was a blatant action to block the progress of the organizing campaign of the United Farm Workers in the strawberry industry. We cannot emphasize enough the devastating and negative impact that this precedent will have on union organizing in our fields. The legitimization by the ALRB of grower controlled groups to masquerade as unions in agriculture would destroy any type of union organizing in the future. Any grower, at any farm, could set up a group to terrorize and intimidate farm workers and then subsequently file for a representative election thereby denying them the right to have a bonafide labor organization represent them.
We do not have to enumerate the horrendous conditions of farm workers in our State. The statistics are common knowledge. Our mutual responsibilities are to improve conditions by insuring the workers’ right to organize into legitimate labor organizations.
The Strawberry industry has shown that it will go to any lengths to keep their workers from organizing, a right that workers have under our state and federal constitutions and the Agricultural Labor Relation Law. Strawberry growers have responded to past representation election victories by the UFW by plowing under the berries or discontinuing their berry operations throwing the workers out of their jobs. Not once, have they complied with the labor laws and negotiated in good faith.
Now, other segments of the agricultural industry have now joined in this archaic scheme to keep strawberry workers in poverty by denying them their human right to have a union. The Western Growers Association, the California Farm Bureau, The California Grape and Tree Fruit League, the Ventura County Agricultural Growers Workers Association (which represents the citrus growers) have now joined forces with the strawberry industry to stop the unionization of strawberry workers.
As part of this anti-union campaign, they have set up a group that are financed by the industry to work against the UFW. This anti-union group has gone through several incarnations. They begin as the Strawberry Growers and Worker Alliance, then they became the Pro Worker committee, than the Agricultural Workers Association, and the Agricultural Workers Committee. A week ago these same individuals became the Coastal Berry Strawberry Worker’s Committee; the group that the ALRB allowed an election union representation election at Coastal Berry Strawberry Company on July 23rd.
The UFW has a pending lawsuit against the AWC anti-union group. We have named as additional defendants the Western Growers Association and a number of major strawberry companies including Clint Miller Farms, a company that is part of Driscoll Associates. The Agricultural Labor Relations Board and the General Counsel were provided evidence the petitioners were part of an anti-union group that had conducted an anti-union campaign of violence. We filed charges with the general counsel, we petitioned the board not to proceed with the election.
Instead of issuing a complaint to block the election, they proceeded with the election. We did not participate in this election because of the climate of fear and intimidation. We also did not want to legitimize this fraudulent process with by our participation.
The Regional Director, Fred Capuyen actually stated that they were going to proceed with the election so the petitioners would not commit more violence. Furthermore, the ALRB actually assisted this anti-union group to petition as a labor group instead of informing them that employer dominated groups are illegal under the Agricultural Labor Relations Act.
VIOLENCE COMMITTED BY THE ANTI-UNION WORKERS GROUP AND FOREMEN AND SUPERVISORS OF COASTAL BERRY
The ALRB has been provided with overwhelming evidence that this anti union group, the Coastal Berry Workers Committee worked together with anti-union Company supervisors to create a climate of fear through the use of physical violence and intimidation of job loss.
The General Counsel of the ALRB was given evidence of how Coastal Berry managers organized and ordered the anti-union group to physically assault pro UFW berry pickers while they were picking berries on July 1, shortly before the election. . The violence was so severe that police officers who came to the scene were also attacked leading to the arrest of none other than the petitioner for the anti-union group for the election, Jose Guadalupe Fernandez who was identified as one of the instigators of the violence and arrested. The UFW has filed a civil lawsuit for damages against Coastal Berry on behalf of five strawberry workers who were injured July 1. The law suit cites violations of the Unruh Civil Rights Act as well as assault and battery.
WORKER WITNESSES
Several workers that you will hear from today were physically attacked while they were picking berries. Two of these were women, one of them only 4 foot 10", Isabel Rendon who was attacked by order of the petitioner for the election, Jose Guadalupe Fernandez, President of Coastal Berry Workers Committee. Rather than rotecting workers from their assailants, supervisors further insulted the victims by informing them that they had sent the anti-union workers to beat them up for supporting the UFW. Needless to say, this added to the climate of fear when those that were in charge of the work force were aiding the attackers. None of the supervisors or other persons who beat up UFW worker-activists were disciplined in any way by the Management of Coastal Berry.
In addition, workers here today will testify to the following:
* Company supervisors systematically forced workers to sign an election petition that did not contain the name of the organization on it.
* Workers were threatened that they would lose their jobs if they did not sign the election petition by company foremen.
* Company management separated out UFW activists from their regular work crews and threatened UFW activists with job loss.
* Election petitions signatures were gathered by Company management in violation of the ALRB which does not allow company domination in a workers election.
* Gathering of the election petition during working hours was aided and abetted by company supervisors. Returning to the most important element of our testimony, that the ALRB allowed this anti-union group to petition for this representation election. The Agricultural Labor Relations Board was provided evidence in the form of canceled checks from the Western Growers Association to prove this was not a bonafide labor group. You will hear testimony today from Efren Vargas, who was one of the individuals beaten by a large group of men because he was a UFW supporter during a work stoppage . instigated by company supervisors and the anti-union group.
He will tell you how he was formerly one of the anti-union group and how he had been instructed to beat pro UFW workers and union organizers. In light of these revelations, the ALRB cannot certify the election at Coastal Berry.
Violence and systematic intimidation perpetuated by foremen at Coastal Berry in collusion with this anti- union group have made it impossible to have a free and fair election until the climate of fear has been eradicated. We ask you to call upon the General Counsel of the ALRB to issue an immediate complaint on the numerous charges of violence, company domination, and the Board to overturn this bogus election for representation by a bogus labor group.