Wonderful Co. accuses UFW of fraudulent tactics in unionizing workers

The revelation that United Farm Staff can be representing staff at a Kern County firm owned by the state’s wealthiest farming household ought to have been a triumphant second for the storied union co-founded by Cesar Chavez and Dolores Huerta.

Following many years of diminishing membership within the huge stretches of California’s farm fields, the UFW had seized on a brand new method to unionize staff, made potential by latest state laws. Somewhat than maintain a proper election at an organization job website, union leaders had invited staff at Fantastic Nurseries, the nation’s largest grapevine nursery, to off-site conferences the place they had been instructed in how you can apply for $600 in federal reduction for farmworkers who labored in the course of the pandemic, in addition to inspired to signal playing cards authorizing the UFW to signify them at Fantastic.

The UFW subsequently filed a petition with the Agricultural Labor Relations Board, asserting {that a} majority of the 600-plus farmworkers at Fantastic Nurseries in Wasco had signed the authorization playing cards and asking that the UFW be licensed as their union consultant. It appeared to mark the UFW’s third victorious unionization drive in a matter of months.

However inside days, Fantastic — a part of the farming empire owned by billionaires Stewart and Lynda Resnick — hit again with an explosive allegation: The corporate accused the UFW of utilizing the $600 in federal reduction as bait to trick farmworkers into signing the authorization playing cards. And it submitted practically 150 signed declarations from nursery staff saying that they had not understood that by signing the playing cards they had been voting to unionize.

Stewart and Lynda Resnick in a 2016 portrait

(Ryan Miller / Getty Photos)

Claudia Chavez, a full-time worker of a labor contractor for Fantastic Nurseries, is amongst a number of staff who instructed The Instances that they attended conferences the place they understood that the UFW would assist them declare the $600. She mentioned she was given a card to signal, however didn’t know that signing it was a vote for the union.

“They mentioned clearly — this I do keep in mind — that it was $600 of assist for farmworkers who labored throughout COVID,” Chavez, 43, mentioned throughout an interview exterior her Wasco dwelling. “However they by no means mentioned, ‘Should you signal, we’re going to come back to your work.’”

Union leaders have stood their floor, alleging that the corporate intimidated staff into making false statements and introduced in a labor marketing consultant with a popularity as a union buster to govern employee feelings within the weeks that adopted.

Antonio De Loera-Brust, UFW’s communications director, referred to as the allegations that staff had been tricked into signing union playing cards “categorically false.” The union has put ahead different staff who mentioned they understood what they had been signing and consider that UFW illustration would enhance their pay and dealing circumstances.

Nonetheless, what might have been a David-versus-Goliath story has change into one thing tangled and way more troubling. The UFW and Fantastic are locked in battle, every using authorized muscle and PR prowess, and can current their circumstances to the ALRB, the state company charged with overseeing farm labor disputes and union elections.

Labor specialists say the end result might have outsize ramifications for the way forward for unionizing farmworkers in California. Although nonetheless an influential voice in Democratic management circles, UFW has seen its on-the-ground presence and sway plummet from its vibrant heyday within the Sixties and ‘70s. At its peak, UFW had about 80,000 members throughout lots of of farms. Right now, that quantity has fallen to about 5,000, with one other 2,000 within the Teamsters or United Meals and Business Staff Worldwide unions.

If Fantastic is discovered to have engaged in unfair labor practices, it may very well be topic to monetary penalties. But when the union is discovered to have misled staff, it faces a blow to its credibility and its nascent resurgence may very well be stopped in its tracks.

“A technique or one other it’s going to have an effect on the power of farmworkers to arrange,” mentioned Gaspar Rivera-Salgado, venture director on the UCLA Heart for Labor Analysis and Training. “If the union fails and it’s a setback to the organizing, it’s going to be an extended whereas earlier than they will discover a foothold to battle for farmworkers in California.”

The UFW-Fantastic skirmish is in some methods an outgrowth of a longer-running conflict between labor leaders and California’s highly effective agricultural pursuits over the UFW’s efforts to streamline the unionization course of.

For years, UFW leaders had argued that the method for unionizing work websites was stacked towards them. Earlier than the brand new system went into impact, farmworkers voted for union illustration by secret poll at a devoted polling occasion, usually held on firm grounds. The UFW contends that left staff susceptible to employer intimidation.

In 2022, Meeting Invoice 2183 sought to permit farmworkers to pick out labor illustration via mail-in ballots or a system generally known as card test, which permits staff to authorize a union by signing playing cards off-site quite than voting in-person at a chosen polling place.

The UFW organized a 335-mile march to ramp up stress on Gov. Gavin Newsom to signal laws that would offer extra avenues to authorize union illustration at agricultural work websites.

(Hector Amezcua / The Sacramento Bee)

Gov. Gavin Newsom had vetoed an identical invoice the earlier 12 months, citing considerations particular to the integrity of the mail-in balloting. His staff signaled he would additionally veto AB 2183. However President Biden publicly exhorted Newsom to signal the invoice, and the UFW organized a 335-mile march from Delano to Sacramento to ramp up stress.

Newsom signed the invoice, below the situation that it’s amended to restrict sure elements. In 2023, the law was amended to take away the mail-in poll possibility and cap the variety of work websites that may very well be petitioned via card test to 75. It took impact Jan. 1, 2023, and can sundown in 2028.

Underneath the brand new system, a union can search to arrange an agricultural work website with out notifying an employer. As soon as union representatives collect sufficient authorization playing cards to represent what they consider is majority help, the union recordsdata a petition with the state labor board and the employer. The ALRB should resolve whether or not there’s proof a majority of the bargaining unit staff help forming a union.

However as is taking part in out within the Fantastic case, that course of could be appealed.

From the beginning, the brand new system has been shadowed by an absence of specifics on the obligations of the union and employers within the card test drive. It has taken the ALRB 10 months to publish proposed rules for the brand new legislation, and growers say they really feel they’ve been taking part in a recreation with no guidelines.

UFW’s first certification petition below card test landed in Stanislaus County in September when it sought to signify 250 staff at DMB Packing Corp., often known as DiMare, the place it gained 51% help. DiMare submitted a number of objections, together with an allegation that the union obtained signatures via “fraud” and “coercion.” The ALRB discovered the allegations lacked proof.

Guadalupe Luna, 55, mentioned working circumstances on the tomato packing firm in Newman had been depressing — that that they had no well being advantages, no paid break day and acquired paid 77 cents for each bucket of tomatoes collected. Earlier than Luna arrived on the farm a couple of 12 months in the past, he mentioned, he labored on a farm in Firebaugh the place the UFW represented staff they usually acquired advantages and higher pay.

Although nonetheless an influential voice in Democratic management circles, the UFW has seen its on-the-ground presence plummet from its vibrant heyday within the Sixties and ‘70s.

(Max Whittaker / For the Instances)

Luna, who’s on the bargaining committee for the union, mentioned the UFW conferences he attended with co-workers had been targeted on the advantages of unionizing and didn’t embrace conversations in regards to the $600 federal reduction funds. “The coworkers I spoke with, we talked and there wasn’t that [confusion].” he mentioned. “We simply talked to them and defined the method.”

DMB Packing President Jeff Dolan mentioned the corporate is interesting the labor board’s resolution. Nonetheless, he mentioned, negotiations with the UFW and staff have been “cordial and optimistic.”

In Fallbrook, 50 miles north of San Diego, the UFW submitted a petition in January to signify greater than 70 staff at Olive Hill Greenhouses. Based on the ALRB, no objections had been filed, and each side are on the desk to barter their first contract.

Santiago Hernandez was amongst these desperate to unionize the employees on the plant nursery. He mentioned he instructed colleagues to speak to a UFW organizer and clarify what they wished out of their jobs and resolve in the event that they wished to help a union.

The primary assembly, he mentioned, was about beginning a union they usually acquired the authorization playing cards to contemplate. He mentioned the final assembly he attended, the place individuals might drop off the playing cards, additionally allowed individuals to enroll in the $600 in reduction. He didn’t hear from colleagues about being tricked, he mentioned, and felt it had been clearly communicated that the 2 weren’t linked.

“The union is right here to assist farmworkers, to not screw with farmworkers,” Hernandez mentioned.

One of many largest employers within the Central Valley, the Fantastic Co. prides itself on its therapy of farmworkers, together with paying above minimal wage and lengthening firm advantages — like free use of its well being facilities and gymnasiums — to full-time staff. Fantastic has additionally invested hundreds of thousands of {dollars} in farmworker communities in Kern County, constructing parks and colleges and enhancing infrastructure.

The Resnicks, house owners of FIJI Water, Fantastic Pistachios and POM Fantastic, are main political donors who’ve contributed greater than $220,000 to Newsom’s campaigns alone.

The employees at Wonderful Nurseries’ sprawling complicated in Wasco are inclined to wine and desk grapevines and nut tree rootstocks. In each the corporate and union narratives in regards to the card test episode, the employees have been portrayed as pawns in a a lot bigger recreation. The divergent narratives provide little room for a center floor, for instance whether or not there might have been some confusion within the conferences due to a common lack of awareness of the UFW’s position.

One of many largest employers within the Central Valley, the Fantastic Co. has invested hundreds of thousands of {dollars} in farmworker communities in Kern County.

(Robert Gauthier / Los Angeles Instances)

There does appear to be common settlement that the organizing conferences for Fantastic staff integrated dialogue of each the federal reduction funds and the unionization drive. The U.S. Division of Agriculture has approved a number of organizations to distribute the one-time grants, together with the UFW Basis, which is separate from the labor union.

Rosa Maria Silva de Rodriguez, 40, who has labored at Fantastic Nurseries for 5 years, mentioned she hosted a number of of the conferences at her dwelling final 12 months. She mentioned she desires a union as a result of she feels staff are being mistreated. The water supplied in 5-gallon coolers was inconsistently refilled and cleaned, she mentioned. She mentioned she’s had uncomfortable conditions wherein male coworkers made suggestive feedback about girls and she or he knew of no avenue for reporting it.

Silva de Rodriguez mentioned it was clear on the conferences that the federal reduction cash was not tied to signing a union card. The UFW consultant “all the time talked in regards to the rights of staff, what it meant to kind a union, to herald a union, what the union would do,” Silva de Rodriguez mentioned.

But different staff interviewed by The Instances spoke in equally heartfelt phrases about feeling duped.

Maria Pedro, 27, makes $16.30 an hour as a seasonal employee for a labor contractor at Fantastic Nurseries. She likes that the work within the greenhouses is indoors — and due to this fact reliable, even when it rains.

“Look, I simply acquired dwelling, and I’m clear,” Pedro mentioned on a latest afternoon, as she sat at a desk in her work garments, khaki-colored pants and a black, long-sleeved shirt.

The employees at Fantastic Nurseries’ sprawling complicated in Wasco are inclined to wine and desk grapevines and nut tree rootstocks.

(Robert Gauthier / Los Angeles Instances)

She described attending a gathering final 12 months at a colleague’s dwelling in Wasco. She mentioned a UFW consultant was there to assist Pedro and others apply for the $600 federal grant. As a single mom of three, the cash would assist her pay lease and purchase diapers.

Pedro, who emigrated from Guatemala 5 years in the past, mentioned she had by no means heard of the union. However in the course of the assembly, the rep defined that the group helps farmworkers assert their rights. Pedro signed a number of paperwork. Amongst them was a white card emblazoned with the union’s eagle brand that reads, in English and Spanish, “I authorize the Union of Farm Staff of America to be my union consultant to collectively negotiate an employment contract with my employer to enhance my wages, working circumstances and advantages.”

The union rep by no means requested if the employees wished to hitch the union and didn’t clarify the importance of the playing cards, Pedro mentioned.

On Feb. 23, the UFW filed a petition with the ALRB to signify Fantastic Nurseries staff. A number of staff, together with individuals for and towards unionizing, described attending conferences days later, led by an out of doors marketing consultant, Raul Calvo, who has constructed a enterprise advising farm corporations on how you can keep away from unionization. The employees mentioned Calvo instructed them in regards to the union’s entrance into Fantastic Nurseries and that when the contract was ratified, 3% of their paycheck would go towards union dues.

Pedro mentioned it was solely then that she realized that, by signing the cardboard, she had voted for the UFW to signify her. “Because of him, we understood what was occurring, as a result of the union by no means actually defined what they did,” she mentioned.

If her identify was on the petition, she mentioned, she wished it eliminated and requested Fantastic for assist. She was among the many staff who signed a declaration.

Silva de Rodriguez, alternatively, contends Calvo was the primary to recommend staff had been tricked. She mentioned staff started admitting to supervisors that that they had signed the union card and confronted stress to surrender their help. She mentioned she has seen staff who as soon as supported the unionization effort now protest towards it.

“It bothers me, however on the similar time, it provides me a bit extra power, as a result of I’m combating for one thing honest, one thing honest for everybody,” she mentioned.

The union filed a cost towards Fantastic Nurseries, alleging the corporate required staff to attend a “captive viewers” assembly to induce staff to reject UFW illustration. Fantastic Nurseries maintains it “supplied staff with factual details about the method and their rights.”

Calvo confirmed to The Instances he’s working for the corporate however declined to reply questions on his position.

The ALRB acknowledged receiving employee declarations on March 1 and referred to as the allegations “critical in nature.” Three days later, the regional director of the labor board moved ahead to certify the union’s petition, figuring out the UFW had submitted 327 legitimate authorization playing cards from a bargaining unit of 640, establishing majority help.

The dispute crystallized final week when about 100 Fantastic Nurseries staff left work and traveled 60 miles north to the labor board’s Visalia workplace. They sported the orange security vests they’re required to put on at work and carried indicators studying, “We don’t desire a union! Hearken to our voices. Don’t ignore us.”

Whereas the corporate and two individuals who spoke with The Instances had been adamant the demonstration was worker-led, the UFW has filed a cost with the board alleging that Fantastic Nurseries coerced staff into attending.

About 100 staff of Fantastic Nurseries who say the UFW used misleading techniques in its unionization drive stage a protest on the Agricultural Labor Relations Board in Visalia.

(Courtesy of Claudia Chavez)

Final week, in one more escalation, a Central Valley law firm that regularly represents the UFW filed costs with the state Civil Rights Division on behalf of seven staff, together with Silva de Rodriguez, alleging that Fantastic Nurseries doesn’t present sexual harassment coaching, leading to a “hostile work atmosphere.”

Fantastic fired again, dismissing the fees as “bogus claims.” In an announcement, firm President Rob Yraceburu mentioned each supervisor, together with these employed via third events, is in compliance with all necessary coaching, and that the corporate supplied the UFW with its worker handbook, which incorporates its harassment coverage, per week earlier than the fees had been filed.

“It’s getting more durable to maintain up with the hearth hose of lies the UFW is pushing of their effort to divert consideration from their fraudulent conduct in a vote determined by simply seven votes, however the place greater than 150 farmworkers say they had been misled,” Yraceburu mentioned.

Fantastic has appealed the UFW certification. The state labor board is predicted to satisfy this month to contemplate the corporate’s objections.

This text is a part of The Instances’ equity reporting initiative, funded by the James Irvine Foundation, exploring the challenges going through low-income staff and the efforts being made to deal with California’s financial divide.