Pro bono lyfe

"ImmoralMinority" (araimondo) 06/28/2018 at 10:57 • Filed to: None

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Civil procedure is a very arcane part of the law that can make your head hurt, and often makes no sense.

I have been working on a pro bono case for almost 5 years. I represent a group of farm workers who organized themselves to stop the state from forcing a union on them that they never chose. They organized, we did the legal work. We forced t he state to conduct the largest workplace election in the history of California agriculture in November 2013. After the election, the state impounded the ballots and refused to count them because of claims of employer misconduct.

Appeals were filed, and the first of those appeals was just decided, with the court ordering the ballots to be counted. This is where the legal shit gets weird.

Labor law like this brings together a labor relations agency that has exclusive jurisdiction ov er labor relations (executive branch) with the court system, a different branch of government. In labor relations, some things get automatic review by the courts, some things are never reviewable, and some things are sometimes reviewable. This is particularly difficult with elections.

So our appeal was a particular type of writ. The union and the state argued that the election is not reviewable, and that even if it was, we filed the wrong kind of writ. The court did not want to go down that hole, so it held our case in abeyance while it heard the employer’s unfair labor practice appeal, one of those things that is always reviewable. In that case, they decided that it was illegal to refuse to count the votes. The state is still refusing to count them.

So I have to figure out how get our case reopened, and an order issued that they cannot defy. This is not as easy as you might think. So that's my day.

Spanfeller is a twat > ImmoralMinority 06/28/2018 at 11:06

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I’m mostly pro union, but seeing how some unions can wreck a nation (AHEM, CNTE) I can understand the disappointment of the employees. Mexico has really strict union rules and it is common to see union bosses abusing their unchecked power as much as employers would if there were no checks on their power.

Makes you think.

punkgoose17 > ImmoralMinority 06/28/2018 at 11:15

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In that case, they decided that it was illegal to refuse to count the votes. The state is still refusing to count them.

This makes no sense. Who takes the fall, who should be getting arrested?

Rusty Vandura - www.tinyurl.com/keepoppo > Spanfeller is a twat 06/28/2018 at 11:17

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Or wreck a profession? NEA / AFT / CTA? I hope the Janus decision pokes them squarely in the eye.

My citroen won't start > ImmoralMinority 06/28/2018 at 11:19

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In law school I had Civil Procedure classes with an appellate judge, really cool guy and great teacher, but he was very thorough and the classes lasted almost 3 hours.

The thought of working with something so boring and confusing almost made me quit. 

Rusty Vandura - www.tinyurl.com/keepoppo > ImmoralMinority 06/28/2018 at 11:20

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All of which is well beneath Pumpkin.

To hear you recount the story, it sounds like the government trying to use its power to obstruct and just kick the thing down the road.

I am interested in the recent SCOTUS Janus decision. My local teacher union is unchecked and dishonest and petty and power mongering. I’m wondering what will happen when half of their membership drops out because $108/mo in union dues. Did I hear correctly that they are required to represent even non dues paying people when the contract is violated?

What are your general thoughts on Janus?

TheRevanchist > ImmoralMinority 06/28/2018 at 11:20

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We locals know the case all too well.  We wish you and those who you represent the best of luck!  The UFW has become a corrupt shell of what it once stood for.

Spanfeller is a twat > Rusty Vandura - www.tinyurl.com/keepoppo 06/28/2018 at 11:23

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Oh they go hand in hand. Sure, teachers rights and shit. But what the media doesn’t show is that if a teacher in Mexico doesn’t want to join CNTE or SNTE they might be harrassed or beaten by people with clear conflicts of interest.

Again, that’s not to say unions shouldn’t have any power, but like any other institution their power must be questionable at least!

Grindintosecond > ImmoralMinority 06/28/2018 at 11:24

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I work in a heavily unionized industry. I see the value in those unions in my industry simply for the fact that if they didn’t exist, that industry would be bent on wholly screwing the employee every which way for an extra buck and stock point increase. For example, the regional airline I used to work for tried again and again to propose some of the most ludicrous work rules in negotiations that had a polished look but were real loophole generators allowing all sorts of subcontracting and non-payments. Now, there are industries where they don’t need unions and that’s where the other side of the coin exists where a union can screw it all up and take money and not have to do a damn thing which makes the right to work concepts something appealing.

The state politicians don’t want to believe there are differeing industries with different reasons of why they do or don’t need the unions. They would rather blabber on and convince the citizens that all industries with any union are the same kind of subersive unions and then crucify them, win, and abolish the AFLCiO in favor of right to work. The maneuver Is to wholly appease the industries so they give more money to the politician who helped them make money and fire people without cause.

If the court decided they must count the votes, and they’re still refusing, then that’s contempt of court and now a future leverage point if they don’t want to face the contempt charge . Given the swiss cheese slices laying over a rabbit hole, you may have to look at this thing as an exercise in leverage (not using the word “ threats” here) to manipulate their choices instead of filing motion after motion. Also, I feel the allowable civil motions here and there have been gamed against the worker over time by the politicians and state. It’s a tough one, and pro bono at that.

Chariotoflove > ImmoralMinority 06/28/2018 at 11:31

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I love the irony that the workers had to organize and get representation to fight being organized into a union with the  representation that they didn’t want.

Future Heap Owner > ImmoralMinority 06/28/2018 at 11:44

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I don’t understand: how can they continue to not count the ballots? Is it because other stuff is still happening with the case? If so, how much of the practice of law is finding legal means of procrastination to avoid complying with a decision you don’t like?

TheRevanchist > ImmoralMinority 06/28/2018 at 11:56

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As for the politics of this situation, it’s also good for everyone to know the politics about this.

The workers from decades ago had voted in the UFW. But, the UFW had basically ignored the workers and just disappeared from view for decades.

Then, one day, out of the blue, the UFW shows up and says that everyone is part of the union and they want the union dues. The workers did not want the UFW around. But, the UFW board wanted the money and power. So, they forced themselves on these people and demanded cuts of people’s wages. The people felt that they were being unfairly forced to be part of the union. They put it to a vote to get rid of the union.

The UFW didn’t want these votes counted. Luckily for them, the ALRB had a lot of people that were really close friends and supporters of the UFW . So, they had the ALRB supporting them in whatever they wanted to do, which was to throw away the petition the workers put together, impound the votes, and would not allow a vote to happen at all. T he ALRB is supposed to be for workers’ rights, but not in this case.

The state has spent, last I checked, more than $10 million trying to keep civic liberty from happening. So, that number is probably greater by now by a few million.

gettingoldercarguy > ImmoralMinority 06/28/2018 at 12:19

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No wonder you stay out of political y elling in this blog. That shit had gotta make your head spin.

LastFirstMI is my name > ImmoralMinority 06/28/2018 at 13:40

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As compensation for your efforts, have a curious and brave kitten that fears no union

415s30 W123TSXWaggoIIIIIIo ( •_•))°) > Grindintosecond 06/28/2018 at 15:24

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I’m local 510 sign and display in SF. We work on shows. Without the union they would gut us all, take away medical any anything else they could. I don't know what shitty unions are like but we need to remember what it was like without them. They always try to get little pieces of us. 

haveacarortwoorthree2 > ImmoralMinority 06/28/2018 at 16:13

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Can’t the company move for contempt in appellate court since it was an original proceeding? 

Grindintosecond > 415s30 W123TSXWaggoIIIIIIo ( •_•))°) 06/28/2018 at 16:20

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Bingo! Just like when someone things we should gut the EPA, they forget it’s great now because of them otherwise the Cuyahoga river would be on chemical fire again.