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Bad Weekend for Migrant Farm Workers in California as Schwarzenegger Vetoes Bills

By Frank D. Russo

Migrant farm workers--either seeking to join a union or working the fields through a labor contractor--did not do well this weekend by the pen of Governor Arnold Schwarzenegger.

Late last night, in the final batch of 6 bills remaining on his desk, he vetoed SB 180 (Migden) which would have allowed a new process, known as "majority sign up," as the means for agricultural workers to choose to bargain collectively. This change was being sought by the United Farm Workers Union (UFW), other labor organizations including the California Labor Federation, and supported by the California Catholic Conference.

All that would be needed is the filing with the Agricultural Labor Relations Board (AlRB) of "representation cards" signed by more than 50 percent of the currently employed employees in the bargaining unit stating that they wish to have a specified labor representative. These cards would be issued by the ALRB upon the request of a labor organization.

The labor representative submitting the petition must also personally serve the employer with the petition the same day the ALRB receives it. The employer then has 48 hours to give the ALRB a complete and accurate list of all of the employees in the bargaining unit.

The bill requires ALRB, upon receipt of a petition for "majority signup election," to immediately commence an investigation. Within five days of receipt of the petition, ALRB would be required to make a determination whether the petition requirements were met and that the labor organization had submitted the requisite number of representation cards by comparing the names on the cards to the names on the list submitted by the employer.

If the requirements were met, the ALRB would immediately certify the labor organization as the exclusive bargaining representative, and the employer's duty to bargain with the labor organization would begin immediately.

The names of those signing the cards would be kept confidential by the ALRB.

Right now, a petition must be signed by a majority of workers, which when certified by the ALRB, then results in an election. The UFW and others supporting SB 180 say it would be a fairer procedure, reduce the prospects for employer intimidation, and enable them to organize workers who often work a short time for a given employer and then move on.

Another bill among those final 6 was SB 650, a bill by Senator Padilla that was gutted and amended in the last week of session and turned into a bill by Migden that was identical--except that it had a sunset clause. Schwarzenegger vetoed that bill as well.

The California Chamber of Commerce, growers, and farmers opposed both of these bills.

On Saturday, another bill was vetoed, AB 377, by Assemblymember Juan Arambula (D-Fresno). It would have required an employer who is a farm labor contractor to disclose in the itemized statement furnished to employees up to five names and addresses of the legal entities that secured the employer's services.

According to the sponsor of the bill, the California Rural Legal Assistance Foundation more than 40,000 California farms grow fruits and vegetables on almost four million acres in this state, so it is not surprising that a 2006 survey of Central Valley farm workers found that 70% could not identify the name of the farm they were working on.

The same survey found that 56% had not been paid the minimum wage when working on a piece rate; 31% had not been paid all the overtime they were owed; and that 42% had unexplained deductions made from their pay. Between 60% and 80% of harvest work is done by labor contractors. Without being able to readily identify the farm who hired the contractor, enforcement actions against the contractor are unlikely to either make the worker whole for wages owed or to have any deterrent effect at all against a grower who shares legal responsibility for the contractor's labor law violations.

So while Governor Schwarzenegger told the hundreds of farm workers who were at the Capitol in September that he was supportive of their goals, in the end, he vetoed these bills and sided with agribusiness.

Posted on October 15, 2007

Comments

This is a sad day for democracy and for California farm workers. A union is often the only hope to have a voice on the job. This is particularly true in agriculture because of the imbalance of power between wealthy growers and often migrant workers.

As I point out in my new book, The Search for a Civic Voice: California Latino Politics, since Ronald Reagan ran for governor in 1966, the Republicans have sought to attract middle class Mexican Americans by making symbolic appointment while at the same time backing the growers against the UFW.

Many had hoped this governor would be different, especially in regards to the UFW, because of his marriage into the Kennedy clan.

It was good to see the Catholic church and organized labor stand with the UFW. Maybe it will take a new governor to get justice for farm workers.

Posted by: Kenneth Burt at October 15, 2007 03:54 PM

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