Ok, Owl is lost, you asked. Now, AMA.

Kinja'd!!! by "ImmoralMinority" (araimondo)
Published 03/01/2017 at 22:44

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STARS: 2


Kinja'd!!!

You asked this morning, so here is the story of my high profile pro bono case. I am not trying to sway anyone, but these eventsnhave changed the course of my life. You can look up the media coverage if you want.

It has gone farther and has been crazier than I would have ever imagined. Here is a timeline of events:

1993 - United Farm Workers (UFW) win an election at Gerawan Farms. The company challenges in court.

1995- The union wins the court battle and is certified as the representative of all of the farm workers. The union sends the company a letter saying an opening contract proposal is coming, but nothing ever comes.

1995-2012 - no contact from the union with the comapny. No effort to enforce bargaining rights. In time, the workers forget there was ever an election or a union. Meanwhile, the company becomes one of the world’s largest stone fruit producers, growing to 3000-5000 employees, paying well above the industry prevailing wages.

2012 - After 17 years, the union re-emerges and demands bargaining. The company demands to know why there was 17 years of silence. The union initiates a mandatory interest arbitration that will force a contract on the company. The workers have no idea this is happening.

The company informs the workers about the union and the contract process, and confusion ensues. Workers find out about an interest arbitration session at a hotel conference room and drive there to find out what is going on. The arbitrator tells them that they cannot attend, and the union will speak for them. They are furious. They meet an attorney there who is trying to help a co worker get access to the process.

2013 - The workers begin organizing against the union, feeling it has been forced on them. The UFW, faltering due to lack of organizing, stands to double its membership and dues revenue

Sylvia Lopez, a worker, becomes the face of the effort to push back against the union, largely because she has legal status and speaks English. She and her co workers start gathering signatures to petition for an election to push the union out. They want to vote.

I got involved in August of 2013, when they asked me for help. There aren’t many people who do this work, and I have a reputation for being antagonistic to the union and the government. I figured 4-6 weeks, an election, and I am out having embarrassed the government AND the union. Sweet. And WRONG.

After an intense battle involving a work stoppage and multiple protests, the workers shamed the ALRB into holding an election. From dawn until after dark on election day 2013, thousands of farm workers voted on whether to have union representation. The union filed legal objections, and we have been in litigation trying to get the votes counted ever since.

The state has accused the employer of a variety of misconduct that taints the election, while acknowledging that the worker movement arose organically without enployer instigsation. We have argued that the votes must be counted absent misconduct that affected the outcome.

There is a lot more to this, as you might imagine. All of the above is a matter of public record. Sorry for a post without cars.


Replies (4)

Kinja'd!!! "DC3 LS, will be perpetually replacing cars until the end of time" (dc3ls-)
03/01/2017 at 22:53, STARS: 1

Now there’s a car!

Kinja'd!!!

Kinja'd!!! "My bird IS the word" (mybirdistheword)
03/01/2017 at 23:25, STARS: 2

Sounds like a rip roaring good time at work. Aren’t people the best?

I love how an institution founded on workers rights gives such a little shit about the workers.

Kinja'd!!! "pip bip - choose Corrour" (hhgttg69)
03/02/2017 at 03:58, STARS: 0

interesting case.

Kinja'd!!! "random001" (random001)
03/02/2017 at 07:03, STARS: 0

Ouch, dude. Ouch. You need a new old Aplrilia to make up for this.