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

[courtesy of California Progress Report]

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.