A Union@ Election at Coastal Berry in Doubt as ALRB Gets Evidence That At Least 162 Workers Never Had Opportunity to Vote
Along with objections from workers over pressure tactics and violence, law is clear that latest discovery likely to nullify balloting initiated by so-called union
Watsonville, Calif., July 30 C The Agricultural Labor Relations Board is expected to delay certification of the Coastal Berry Farm Workers Committee as the Aunion@ of Coastal Berry workers based on the filing of objections by workers, as well as evidence provided by the company showing at least 162 workers C nearly 15 percent of the active workforce C never had the opportunity to vote.
The committee led in balloting among those given the opportunity vote in the July 23 election at Coastal Berry, the largest employer of strawberry workers. The election was held by the ALRB over the protests of the United Farm Workers and workers who filed charges documenting pressure tactics, violence against workers identified as supporting the UFW and domination of the committee C the only group on the ballot C by company foremen and supervisors.
The ALRB must consider objections filed today, including the failure of its agents to notify at least 162 employees, whose votes could have affected the election outcome. Coastal Berry has indicated to the ALRB that the 162 additional employees were on the payroll and should have received notification of the election.
Such a serious flaw in the election process would nullify the election, according to Chapter 5 of the ALRA.
The board has also come under fire from the state Legislature for proceeding with the election based on a belief that halting the vote would create more violence, rather than considering the merits of the issues on whether there could be a fair vote.
We have said all along that this so-called union election was a sham, should not have been held and doesn‘t reflect the position of most Coastal Berry workers,@ UFW President Arturo Rodriguez said. In fact, the day after the vote, more than 600 workers walked off the job in protest and shut the company down. AOver the past two years we have won wage improvements, benefits are the best in over a decade and workers have cleaner bathrooms. Now we need to solidify these gains by winning a real union so workers have a real voice on the job.@