Appellate court rules negotiations between UFW and Wonderful Co. can continue

October 25, 2024 /

In a significant legal victory for the United Farm Workers union, a state appellate court ruled on Thursday that negotiations could continue between United Farm Workers Union and Wonderful Company. 

The ruling, however, does not address other underlying legal issues brought forth by Wonderful Co., a giant in the agriculture industry. In February, the union filed a petition with the state’s Agricultural Labor Relations Board, claiming that a majority of 600 or so farmworkers at a nursery in Wasco had signed union authorization cards. UFW asked the ALRB to be certified as the farmworkers’ union representative. But Wonderful Co. quickly challenged the claim, accusing UFW of having tricked the workers into signing the authorization cards. 

Several farmworkers claimed they were led to believe by UFW organizers that they were signing cards to apply for $600 in federal relief for those who worked during the COVID-19 pandemic. Wonderful claimed 150 workers signed declarations that they did not understand the card they were signing was to vote in favor of unionization. UFW denied allegations its organizers tricked anyone into signing the cards and further claimed that the company had intimidated workers into making false statements. Wonderful filed a lawsuit against the ALRB, challenging not only the certification of the election results by the ALRB, but also the new state card check law that would force the company into bargaining negotiations with UFW. 

On July 18, Kern County Superior Court Judge Bernard Barmann issued a preliminary injunction Temporarily blocking the bargaining process between UFW and Wonderful Company. Barmann sided with the ag giant and in order, Barmann wrote that Wonderful “was likely to prevail” in its lawsuit against the new card check system. 

Thursday’s appellate court ruling means Barmann’s injunction is temporarily lifted, meaning the ALRB can proceed with a hearing reviewing the company’s allegations that the union misused the card check authorization law. 

Wonderful Company issued the following statement on the appellate court’s ruling: “This procedural order does not change the Superior Court’s previous determination that the Card Check is ‘likely unconstitutional.’  We continue to welcome a swift determination by the State Court of Appeals on that constitutional question and fully expect their decision will be the same as the initial one made by Judge Barmann. It is important always to remember that this began when nearly 150 farmworkers courageously made clear they felt deceived by the UFW in a matter decided by just a single digit margin and that their claims remain unresolved.”

Jose Gaspar

José Gaspar is a veteran journalist and former news anchor/reporter with Telemundo, Bakersfield. Prior, he worked 28 years at KBAK-TV as a reporter. Email him at jose@southkernsol.org.