In a legal setback for the United Farm Workers, a Kern County Superior Court judge issued a preliminary injunction that temporarily blocks the bargaining process between ag powerhouse Wonderful Company and the UFW labor union founded by Cesar Chavez.
The ruling in favor of Wonderful Co., a $6-billion ag giant, stems from its legal challenge to a 2022 state law that allows farmworkers to join a union by signing an authorization card. Under the “card-check” system, a union can hold meetings off a work site and organize farmworkers by inviting them to sign authorization cards. Employers do not have to be notified and the traditional secret ballot voting at a designated place would not be necessary.
In February, UFW filed a petition with the Agricultural Labor Relations Board claiming that the majority of 600 farmworkers at Wonderful Nurseries in Wasco had signed authorization cards and to have UFW certified as their union representative. The ALRB certified the UFW as the legitimate representative and ordered Wonderful Co. to enter into collective bargaining with the UFW.
But Wonderful Co. cried foul, claiming the workers were tricked into signing the authorization cards. Several workers claimed UFW representatives led them to believe they were signing up for $600 in federal relief for farmworkers who worked during the pandemic. Wonderful submitted to the court 148 signed declarations by employees asking to have their union authorizations nullified, saying they did not understand what they were signing. The cards were printed in English and Spanish.
Further, the company sued the ALRB in May, challenging the constitutionality of the card-check system. The lawsuit alleges employers are deprived of due process, such as being forced to enter into a collective bargaining agreement. It claimed evidence presented demonstrated the voting process was fraudulent. It asked the court to issue a preliminary injunction to halt the bargaining process until its lawsuit is resolved.
Last Thursday, Judge Bernard Barmann sided with Wonderful Co. In an order, Barmann wrote that Wonderful “was likely to ultimately prevail” in its lawsuit against the new card-check system, adding that Wonderful Co. faced irreparable harm if the UFW was allowed to pursue a bargaining agreement on behalf of the workers at the nursery before the case is decided.
Barmann concluded by writing, “The court finds that the public interest weighs in favor of preliminary injunctive relief given the constitutional rights at stake in this matter. The Petitioner/Plaintiff has met its burden that a preliminary injunction should issue until the matter may be fully heard on the merits.”
To view the ruling from the court, go here: https://southkernsol.org/wp-content/uploads/2024/07/COURT-RULING-WONDERFUL-PRELIMINARY-INJUNCTION.pdf
The company issued the following statement.
WONDERFUL STATEMENT
We are gratified by the Court’s decision to stop the certification process until the constitutionality of the Card Check law can be fully and properly considered. The Court has determined the Card Check law is likely unconstitutional, and it recognized that, absent an immediate injunction, Wonderful would suffer largely irreparable harm if forced to comply with the certification. In addition, farmworkers had been wrongly barred from objecting to a union being forced on them, and this ruling states that Wonderful indeed has the standing to fight to ensure those constitutional rights of farmworkers, including their due process and First Amendment rights, are not violated. As the Court said, this ruling is in “the public interest.” Most importantly, it is a victory for farmworkers, who, like all citizens, deserve the basic right to a fair election, a secret ballot, and a process free of fraud. That is why The Wonderful Company challenged this law.
UFW STATEMENT
The UFW intends to appeal the ruling granting the preliminary injunction. The following statement is from UFW spokeswoman Elizabeth Strater.
This ruling ignores 89 years of labor law precedent saying an employer must go through the election objections process before seeking judicial intervention. Wonderful’s entire lawsuit to stop enforcement of the law and to enjoin the ongoing election objections hearing is based on the company’s bogus claim that workers were misled into supporting the union, a claim that was thoroughly debunked by the complaint—tantamount to an indictment—issued by the ALRB General Counsel following a neutral investigation. There is already a process to address wrongdoing in elections, and Wonderful was in the middle of that process. Why does Wonderful want to halt that process and silence workers so their voices are not heard?
It’s been made crystal clear that Wonderful is determined to use its considerable resources to deny farmworkers their rights. These workers are courageous and determined to seek what they deserve: dignity at work and a fair union contract. We look forward to the appellate court overturning the court ruling. To date, UFW has won union representation through the card check system at Olive Hill Nursery in San Diego County, DeMare Brothers Fresh Tomatoes in Merced, Ho Sai Gai in Kern County, and Wonderful Nurseries in Wasco.
