Farm Worker Unions Feeling Left Out: "Card Check" Legislation Introduced in California

Thursday, 09 April 2009 12:24

Labor Relations

They must be feeling left out of the national debate going on over the Employee Free Choice Act (EFCA) and hoping to capitalize on the new national momentum.  California farm workers are not covered by federal law, the National Labor Relations Act (NLRA) so changes brought by EFCA would not impact them.   

Senate President Pro Tem Darrell Steinberg recently introduced Senate Bill 789 (SB 789) which would give agricultural workers the option of foregoing the secret-ballot election. Workers would have the option of signing registration cards and if a majority signs the cards, then a new bargaining unit would be certified.  However SB 789 fails to provide the same process for decertification of a bargaining unit.   In the last couple of years Gov. Arnold Schwarzenegger has vetoed similar "card check" bills.

Under current California law, the state Agricultural Labor Relations Board (ALRB) must hold a secret-ballot election within seven days after a "showing of interest."   According to pro labor groups, employers use the time leading up to the election to intimidate and retaliate against pro-union workers.  However, there are laws in place to address intimidation and retaliation.  Pro union groups ignore the fact that the proposed "card check" process would allow union intimidation and coercion of workers.

COUNSEL TO MANAGEMENT:

With the national debate on EFCA, it is no surprise that legislation mirroring EFCA was introduced in California to address agricultural workers not covered by federal law.  Not only would SB 789 effectively eliminate the secret ballot election as a means for workers to decide if they want to be represented by a union, it would also prevent workers from hearing both sides of the story, and make it easier for unions to coerce and intimidate workers.  Unions know that when workers hear both sides they can be smart enough to see through union propaganda. 

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100 in Salinas.