- Written by Michael C. Saqui and Glen A. Williams
On September 28, 2016, the United Farm Workers of America (UFW) prevailed in an election conducted by the National Labor Relations Board (NLRB), displacing the International Association of Machinists and Aerospace Workers (IAM-AW) as the chosen bargaining representative of workers at Foster Poultry Farms’ facilities in Livingston, California. The tally from the election was:
- Written by Jacquelyn E. Larson
In 2014, the California Supreme Court decided in Iskanian that individuals cannot be required to waive their right to be a representative and bring group/class claims under the Private Attorney General Act (“PAGA” or the “Act”). PAGA authorizes an “aggrieved employee” to bring a civil action personally and on behalf of other employees to recover civil penalties for an employer’s violations of the California Labor Code. The Act anticipates that the plaintiff will essentially act for the attorney general in enforcing the Labor Code. The Iskanian court found that an employee cannot waive the ability to arbitrate as a collective group. First, it is not the individual’s right to waive. Second, the Court reasoned that making employees bring separate claims through arbitration would frustrate the goal of the Act by creating more litigation.