California Supreme Court Rules for Grower in Labor Dispute
September 16, 2018 The California Supreme Court has upheld a decision by the 5th District Court of Appeals which orders the California Agricultural Labor Relations Board to count employee ballots cast in a 2013 union decertification election at Gerawan Farming of Reedley, CA, one of the nation’s largest fruit growers.
“Today we welcomed this long overdue decision,” George Radanovich, President of the California Fresh Fruit Association, said. “We are pleased and encouraged by the recent decision by the California Supreme Court, which affirms that the most important opinion in this entire matter, the prerogative of the employees will be heard.”
Gerawan employees voted in a decertification election in November of 2013 to decide whether or not to decertify from the United Farm Workers Union. Despite the fact the ALRB ordered and oversaw the decertification election, they impounded the ballots, denying recognition and acceptance of their decision.
“Today’s court action would not have occurred without the determined effort of Gerawan Farming, Inc., the Gerawan family, and in particular, company President Dan Gerawan for defending his company and his employee’s right to choose,” Radanovich said, “This fight has been long and arduous, but we are happy to see that light has been cast onto this injustice and the farmworkers voice will be heard.”
In November 2013, Gerawan employees thought they had won the right to a new election. However, those results were later put on hold because of irregularities.
About six months later, longtime Gerawan Farms employee Silvia Lopez filed a federal civil rights lawsuit against members and staff of the California Agriculture Labor Relations Board (ALRB) for what she said is their ongoing refusal to count ballots cast by farm workers in the November 2013 election, to decertify the UFW.
More recently, in 2016, Western Growers and the California Fresh Fruit Association announced they were filing a friend-of-the-court brief supporting a lawsuit challenging provisions of the new law that provides a safe harbor from class-action lawsuits to employers who make back payment to piece-rate employees.
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