Houston Chronicle

Farmworker­s union wins contract battle

- By Sudhin Thanawala

SAN FRANCISCO — The California Supreme Court handed a victory Monday to organized farm labor in the state in a lawsuit that pitted the union launched by iconic labor leader Cesar Chavez against one of the largest U.S. fruit farms.

In a unanimous ruling, the highest court in the nation’s leading agricultur­al state upheld a law that allows California to impose labor contracts for farmworker­s whose unions and employers do not agree on wages or other working conditions.

The decision maintains the power of farmworker unions by ensuring contracts that guarantee pay, hours and other terms that could otherwise be decided by employers.

Labor activists say the 2002 law is key to helping farmworker­s improve working conditions by preventing employers from stalling contract talks to avoid a deal.

Opponents called the law government overreach that deprived agricultur­al employers and workers of any say over the terms of employment.

Gerawan Farming, which hires thousands of workers for its nectarine, peach and plum farms in California’s Central Valley, challenged the law in a fight with the United Farm Workers of America, cofounded by Chavez.

“We believe that coerced contracts are constituti­onally at odds with free choice,” Dan Gerawan, who runs the company, said in an email after the ruling.

Gerawan Farming plans to appeal the ruling to the U.S. Supreme Court.

The law in question allows the California Agricultur­al Labor Relations Board to order mediation to achieve a contract and gives mediators the authority to set the terms of the agreement if there is an impasse. The board can then force those conditions on companies and unions.

The California justices said the law did not violate the state Constituti­on because it provided enough guidance to mediators on how to decide contract disputes and furthered lawmakers’ goal of “ensuring that collective bargaining agreements are tailored to the unique circumstan­ces of each employer.”

Unions can seek mediation 90 days after demanding to bargain on behalf of workers — even if the vote to unionize occurred decades earlier in some cases.

In court documents, the United Farm Workers said a previous law had failed to achieve California’s goal of providing millions of farmworker­s the right to collective bargaining.

At the time the law was enacted in 2002, fewer than half of farm employers whose workers voted to join a union since 1975 had agreed to a labor contract, according to the UFW.

The union won the right to represent Gerawan Farming workers in 1990, but the sides did not agree to a contract.

At the UFW’s request, the California Agricultur­al Labor Relations Board in 2013 ordered Gerawan and the union into mediation, and the mediator eventually crafted a contract approved by the board.

An appeals court ruled two years ago that the law was unconstitu­tional because it failed to provide mediators with policy goals or standards and would result in a different set of rules for different employers.

The state Supreme Court said the possibilit­y that mediators could treat farmers arbitraril­y was not enough to make the law unconstitu­tional.

 ?? Kent Porter / Press Democrat file ?? Guadalupe Suarez joins United Farm Worker supporters in the annual Cesar Chavez/UFW march earlier this year in Santa Rosa, Calif. The California Supreme Court gave a victory Monday to organized farm labor.
Kent Porter / Press Democrat file Guadalupe Suarez joins United Farm Worker supporters in the annual Cesar Chavez/UFW march earlier this year in Santa Rosa, Calif. The California Supreme Court gave a victory Monday to organized farm labor.

Newspapers in English

Newspapers from United States