For Release: June 27, 1997
UFW Helps Strawberry Workers Win
$575,000 Settlement of Lawsuit
Hundreds of strawberry workers will win $575,000 as part of the settlement of a federal class action lawsuit that began when pickers complained to United Farm Workers organizers about having to labor without pay. The workers are present and former employees of Gargiulo Inc.-now known as Coasmal Berry Co.
The money will go to workers who were forced to work "off the clock," or without being paid, before and after their shifts had officially begun or ended, and to employees made to pay for their own job-required equipment.
"Winning a settlement of more than a half-million dollars for workers is more proof of big changes that are occurring in the strawberry industry," declared UFW President Arturo Rodriguez at a June 27 news conference in Watsonviile held to announce the settlement.
"The settlement is good news for Gargiulo workers, who are now working for the new company, Coastal Berry," Rodriguez affirmed. "Instead of wasting time and money fighting the lawsuit in court, Gargiulo has agreed to pay workers $575,000 for time they spent in the fields without pay. It will make life a little easier for many workers at the new Coastal Berry Co."
The exact size of the group of workers on whose behalf the lawsuit was filed Feb. 11 in San Jose federal court could exceed 1,000. Since then, Gargiulo’s strawberry operations have been sold to investors who renamed the firm Coastal Berry. The new owners have agreed to remain neutral during the workers’ ongoing campaign to organize under the blackeagle banner of the UFW.
Allegations in the lawsuit came to light after strawberry workers shared their grievances with organizers for the United Farm Workers during the 1996 harvest season. The union referred the workers to the Chicago-based employee rights law firm of Miner, Barnhill & Galland, which filed the court action.
Once the proposed $575,000 settlement amount is approved by a San Jose federal court judge, there will be a 60-day period in which workers can file valid claims. Attorneys will use Spanish-language radio and newspaper ads to appeal for workers who believe they have claims to come forward. Once the 60 days are up, a formula will be established on how the money should be distributed. That formula, the total number of claims and the attorneys’ efforts to locate workers who should receive money will then be submitted to the judge.
It is hoped that the judge will approve the overall settlement and distribution of the $575,000 by September. Then checks can be issued to the strawberry workers by the attorneys.
Background on $575,000 settlement of Gargiulo Inc.
Federal Class Action Lawsuit
Hundreds of strawberry workers, present and former employees since 1994 of Gargiulo Inc.-now known as Coastal Berry Co.-will win $575,000 as part of the settlement of a federal class action lawsuit agreed to by the parties in the litigation. Attorneys for the parties will soon ask a judge to approve the settlement terms.
The money will go to workers who were forced to work "off the clock," or without pay, before and after their shifts had officially begun or ended, and to employees made to pay for their own job-required equipment. The suit alleged that these practices violated state and federal laws.
The exact size of the class of workers on whose behalf the lawsuit was filed Feb. 11 in San Jose federal court is expected to be determined soon, but is estimated to exceed a thousand. Since the suit was filed, Gargiulo’s strawberry operations have been sold to investors who renamed the firm Coastal Berry. The new owners have agreed to remain neutral during the workers’ ongoing union organizing campaign.
Allegations in the lawsuit came to light when strawberry workers shared them with organizers for the United Farm Workers during the 1996 harvest season. The union referred the workers to the Chicago-based discrimination and employee rights law firm of Miner, Barnhill & Galland, which initiated the court action.
Once the proposed $575,000 settlement amount is approved by a San Jose federal court judge, an anticipated 60-day period will be set up during which members of the class of aggrieved workers can file valid claims. Attorneys for the class will use radio and newspaper ads to appeal for members of the class who believe they have claims to come forward. Once the 60 days are up, a formula will be established on how the money should be distributed. That formula, the total number of claims and the attorneys’ efforts to locate members of the class will then be submitted to the judge.
It is hoped that the judge will approve the overall settlement and distribution of the $575,000 settlement, by September. Then checks can be issued to the strawberry workers by the court.