DAIRY REJECTS UNION, VINEYARD DECERT CONFIRMED

Workers at a large dairy operation in Tulare County with sites in Tulare and Pixley have rejected a bid by the United Food & Commercial Workers Union to represent them. The election held December 14 resulted in only 5 votes for the union, 29 for no union and 1 challenged ballot.

The election at the Mayflower Dairy and Rio Blanco Dairy was held as last month's AG ACCENT was being mailed. The union has filed the obligatory unfair labor practice charges, alleging coercion, interrogation of employees and altering of work hours among others, but expectations are that those will be resolved without fanfare.

However, the UFCW won an election at the Boschma Dairy in Wasco November 16, garnering 15 votes to 5 no union ballots. One ballot was challenged. Objections filed by the employer were dismissed by the ALRB, leading to certification of the union January 2.

A decertification election at the Richard's Grove and Saralee's Vineyard in Sonoma County last July has been authorized and confirmed by the ALRB. That, of course, involved the United Farmworkers union, which gained 5 votes to 39 for no union. Three ballots were challenged.

Objections and unfair labor practice charges were filed by the union in August, and dismissed by the ALRB in October. The outcome was certified December 31.

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BINDING ARBITRATION CAN COME LOOSE

The progress(or lack of it) in the negotiations between the Hess Collection Winery of Napa and the United Food & Commercial Workers Local 5 is worthy of attention. It is the first contract to be seriously negotiated following the amendment to the Agricultural Labor Relations Act that made binding arbitration part of the collective bargaining process.

The contract created by a third-party arbitrator expired last July, and negotiations

toward a new contract have been proceeding - sometimes receding - ever since.

With expiration of the contract, dues collection by the union and the binding arbitration obligation terminated. The union negotiator, usually the president of the local, has alternated between accommodating and unreasonable and demanding.

Apparently the ALRB has an intense interest in the status of negotiations. The latest intrusion involved a recently hired agent proposing that discussion be reopened regarding a complaint by the union which was answered by the employer a few days after the contract expired.

The union continues to file grievances and make new charges while the employer insists on changes in the contract to protect its management rights and profitable operation. Employees in the meantime appear to be growing weary of the prolonged infighting.

Decertification might be the only outcome that will bring employee satisfaction. That can only occur in the final year of any contract. Negotiating a one-year contract is not likely, but it would allow immediate circulation of a decertification petition, leading to an election that can end the misery and expense that is part of the current procedure.

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HONDURAN-GUATEMALAN WORKER PROSPECT CONTINUES

The arrival of a delegation of Guatemalans in Fresno to discuss possible importation of workers from that country to help with the harvest of California crops is now expected before the end of January. Discussions with officials in Honduras for the same purpose are continuing.

Manuel Cunha, president of the Nisei Farmers League in Fresno, and a catalyst for several agricultural organizations interested in paving the way for Central and South American workers to be imported, will travel to Honduras within the next month or two to continue discussions with officials there.

As reported in last month's AG ACCENT growers in Arizona are interested in workers from the same countries. Spokesmen for worker organizations in Oregon have also expressed interest and are willing to participate in the recruiting process.

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OXNARD MECHANICAL STRAWBERRY HARVEST BEGINS

As the strawberry harvest begins in the Oxnard area about 150 harvest aid machines are expected to take part as harvest accelerates to a high volume in March. The machine known as Harvest Pro has transformed the harvest of strawberries in that area.

Although use of the machine is nearly universal in the Ventura County industry, practically every employer maintains at least one small crew to harvest berries in the traditional style. The few workers who prefer not to work behind the machines make up these crews.

A survey by the predominant grower organization in Camarillo has shown that the average hourly income by workers following the machines last year was $19 to $21. Average wages for traditional ground picking crews was $15 per hour.

In addition, workers compensation claims and rates have dropped for those using the machines. The harvest aid eliminates the fast movement by workers from midfield to row-end when their picking trays are filled, reducing the primary cause for falls and injuries.

When the machines were first introduced on a limited basis four years ago union leaders interpreted the introduction as a threat to workers and a step toward replacing them. An angry work stoppage ensued, but was resisted and overcome by determined employers, a couple of which were slow to switch from ground picking crews.

But now, the transition is complete, to the benefit of the industry and its workers.

Resistance to the transformation by berry growers in the higher volume Watsonville area apparently is based on two presumptions. One, the machines might not be as maneuverable and effective in the hillier berry fields of Santa Cruz and Monterey Counties. Second, the United Farmworkers union, which represents workers there as it does in Oxnard, might interrupt harvest activities for the same reason it resisted the transformation initially in Oxnard.

Nevertheless, the progress of the machines in one major strawberry production area has been dramatic and positive. It provides hope that other slow-to-mechanize agricultural commodities can make eventual progress toward harvest mechanization, just as they did with the tender and fragile strawberry.

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SUBSCRIPTION CONTRIBUTIONS SUPPORT AG LABOR REPORTING

(A MESSAGE FROM THE AGRICULTURAL ACTION COMMITTEE)

What will 2008 hold for agricultural labor relations in California? The Agricultural Action Committee doesn't have a crystal ball to help answer that question, but it maintains a window on the world of the state's agricultural labor relations. You help keep that window open with your annual subscription contribution of $50 for AG ACCENT, which has reported faithfully on the subject since 1977.

Some indication of the issues that will occupy center stage in 2008:

1) An expired term and a resignation reduced the Agricultural Labor Relations Board to one at year's end. It needs three for a quorum, and is authorized by its founding legislation to operate with five. New appointments face the governor squarely.

2) In 2007 the governor left unsigned(vetoed) two important legislative measures that would have destroyed California's landmark secret ballot election

procedure for farm workers. But the desire by organized labor to substitute the corrupt "card check" system still lingers. Efforts to renew legislative interest in this union-favoring process will bear constant watching.

3) Class action suits charging several growers with failure to pay for work "off the clock" are lingering as attorneys who say they represent workers salivate over possible class action compensation.

4) The aging United Farmworkers union will maintain a prominent, though often confusing position in agricultural labor relations. Observing and reporting the maneuverings of this and other active unions will require continued vigilance.

Your subscription contribution to AG ACCENT ensures reliable reporting of these and other farm labor issues. Use the handy return envelop enclosed to send your check. Thank you for a timely response.

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…AND ONE OTHER HOUSEKEEPING DETAIL

Statements for annual dues to the Agricultural Action Committee have been mailed. They also include a handy return envelope. As the accompanying note says: "Your prompt response will help ensure uninterrupted pursuit of the committee's goals." Every dues-paying member receives a subscription to AG ACCENT at no extra charge.

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