Union Activity

As previously reported, United Food & Commercial Workers Local 5 ("Local 5") has begun filing Notices of Intent to Take Access (“NA”) at various cannabis operations in the Salinas area with the Agricultural Labor Relations Board ("ALRB"). Local 5 has filed three additional N/As over the past few days for local cannabis employers.

♦ Grupo Flor Corporation (2018-NA-005-SAL)

♦ Monterey Botanicals, LLC (2018-NA-006-SAL)

♦ FLRish, Inc. (2018-NA-007-SAL)

More filings are expected, and we will continue to send updates.

Under the new California state cannabis regulations, all cannabis employers with 20 or more employees must provide a statement with the license application that the company will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement (“LPA”). An LPA is an agreement between a company and a union that prohibits the union and its members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the company’s business. In exchange, the company agrees to allow the union to communicate with, and attempt to organize, the company’s employees.

United Food & Commercial Workers Local 5 ("Local 5") has begun filing Notices of Intent to Take Access (“NA”) at various cannabis operations in the Salinas area with the Agricultural Labor Relations Board ("ALRB"). In addition, Local 5 has been sending out letters to cannabis operations requesting that employers meet with Local 5 to enter into an LPA.

The following NA’s were filed with the ALRB yesterday, February 7, 2018, against cannabis employers:

♦ Tin House Partners, LLC (2018-NA-002-SAL)

♦ Top Industries, LLC (2018-NA-003-SAL)

♦ Wave Rider Nursery, LLC (2018-NA-004-SAL)

More filings are expected, and we will continue to send updates.

COUNSEL TO MANAGEMENT 

While Local 5 is sending letters suggesting it is an absolute requirement to enter into an LPA, there are currently no regulations or statutes that state an employer must absolutely enter into an LPA or has to kowtow to any union that darkens its door.  Please contact The Saqui Law Group if you have any questions about your rights concerning union access on your property or if there are any filings against your company.

The season has started. The UFCW Local 5 has begun filing Notices of Intent to Take Access (“NA”) with the ALRB. They have also taken the step of filing an accompanying Notice of Intent to Organize at the same time. This is the first filing this year with the ALRB:

February 2, 2018

Matsui Nursery

♦ Notice of Intent to Take Access (2018-NA-001-SAL)

♦ Notice of Intent to Organize (2018-NO-001-SAL)

NA filings are only effective for 30 days.

In addition, the UFCW Local 5 filed a Petition for Representation with the NLRB in Holtville, California against 6th Street Cooling, LLC on January 30, 2018.

More filings are expected, and we will continue to send updates.

COUNSEL TO MANAGEMENT:  

Please contact The Saqui Law Group if you have any questions about your rights concerning union access on your property or if there are any filings against your company.

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:

Ballot Choice  Votes
UFW  1376
IAM-AW  290
Neither  276

Yesterday, Taylor Farms (“Taylor”) ended a two-day, unsanctioned strike at its Salinas packing plants after management and union-represented employees agreed to an immediate pay increase of $1.50 per hour. The “wildcat” strike began on Monday, June 5, 2017 as hundreds of Taylor packing plant employees went on strike, demanding a $2.50 per hour increase in their pay. An estimated 1,500 to 2,000 employees joined the protest at Taylor’s facility on Abbott Street.

Taylor, approximately 25 Taylor employees and Teamster Union Local No. 890 negotiated the new deal for employees, which will see an immediate $1.50 per hour wage increase with another $1 per hour increase beginning on January 1, 2018. In addition, all employees will receive around a three percent (3%) wage increase beginning on July 1, 2017, depending on the classification of the employee.

COUNSEL TO MANAGEMENT:

Obviously the main concern here is that news of the strike and subsequent pay increase will spread, causing more strikes, both sanctioned and unsanctioned. Employers must remember that whether the strike is a union sanctioned strike or an unsanctioned “wildcat” strike as happened here, the rules never change. Attached to this Eblast is The Saqui Law Group Cheat Sheet which outlines what employers should do in the event of a work stoppage. Review the attached and have it handy in the event of a work stoppage.

Even before considering the attached cheat sheet, employers should talk to their employees NOW. Get out now and let employees know that the Company is aware of what happened at Taylor. Communicate early and often with employees to let them know that the Company will be reviewing its own policies and pay practices. Though the goal of keeping an open line of communication with employees is to avoid a work stoppage, constant communication keeps employee morale high, and lets employees know the Company truly believes they are important assets to the business. Contact The Saqui Law Group with any questions regarding all work stoppages.

The season has started. The UFW has begun filing Notices of Intent to Take Access (“NA”) with the ALRB. They have also taken the unusual step of filing an accompanying Notice of Intent to Organize and a Representation Petition at the same time. This is the first filing this year:

Wednesday, May 18, 2016

• Klein Management Inc. (2016-NA-001-VIS)
       • Notice of Intent to Organize (2016-NO-001-VIS)
       • Representation Petition (2016-RC-001-VIS)

More filings are expected and we will continue to send updates.

NA filings are only effective for 30 days.

COUNSEL TO MANAGEMENT:

Please contact The Saqui Law Group if you have any questions about your rights concerning union access on your property or any filings against your company.

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