State superior court delivers a stunning rebuke to Agricultural Labor Relations Board’sTop Staff Attorney Sylvia Torres Guillén, citing “deficiencies in its investigation” and staff “embroilment” in worker termination.

An employee whistleblower at the California Agricultural Labor Relations Board has exposed wrongdoing by the activist attorneys in the state agency responsible for protecting the rights of farmworkers. The charges, made by an insider who participated in an ALRB investigation of Gerawan Farming, were brought directly to the office of the Board’s chairman, William B. Gould IV. The whistleblower employee alleges that the ALRB General Counsel and staff submitted false or misleading sworn statements to the Board in order to get agency authorization to file enforcement proceedings against Gerawan.

These charges could reveal the extent to which theGeneral Counsel TorresGuillénand staff manipulated evidence in administrative and legal proceedings in order to tip the scales – even perhaps illegally – in favor of the United Farm Workers.

The ALRB General Counsel’s… Read More

Labor unions target many non-union businesses across the country for takeover; some businesses successfully fend off the unions, and others succumb. But in California, the Agricultural Labor Relations Board, a state agency, works in cahoots with the United Farm Workers labor union, intimidating, fear-mongering, threatening, and uses legal actions filed against farming employers to force them into submission to the United Farm Workers labor union.

But recently, the ALRB has been dealt several legal blows to its efforts to malign Gerawan Farming, and force its farm workers into unionization.

The Agricultural Labor Relations Board was created following the signing of the Agriculture Labor Relations Act in 1975 by then-Governor Jerry Brown, a Democrat, to restore peace in the fields. The California Labor Act states:

It is hereby stated to be the policy of the State of California to encourage and protect the right of agricultural employees to full freedom of association, self-organization, and designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and to be free from the… Read More

Last week, Gov. Jerry Brown said California has an overpopulation problem. He said the ongoing drought is a sure sign that the explosion of population in California has reached the limit of what Nature can provide.

“We are altering this planet with this incredible power of science, technology and economic advance,” Brown said during a discussion with Austin Beutner, publisher and chief executive of the Los Angeles Times and the San Diego Union-Tribune.“If California is going to have 50 million people, they’re not going to live the same way the native people lived, much less the way people do today.… You have to find a more elegant way of relating to material things. You have to use… Read More

Last Friday, Gov. Jerry Brown’s State Water Resources Control Board ordered junior water right holders to stop diversions of water in order to protect more senior water rights and “releases of previously stored water.” Friday’s announcement only targets those whose rights have been held since 1903. Senior water right holders in the affected watersheds who staked their claims earlier than that year can continue to divert water. And so can environmentalists who together with the Bureau of Reclamation, have been letting millions of gallons of water out of dams so a few fish can migrate to the Pacific Ocean.

… Read More

Despite a recent legal victory, thousands of California farm workers await another legal decision on the fate of their votes, by the state agency they petitioned to hold the election.

The Agricultural Labor Relations Board is mandated to protect the rights of California farm workers. However, the ALRB instead waged a systematic campaign against thousands of farm workers in 2013 to prevent them from voting to de-certify the United Farm Workers union at Gerawan Farming, one of the nation’s largest family-owned fruit producers.

Court documents, legal testimony, and sworn statements demonstrate a pattern of voter intimidation, harassment, last-minute rule changing, and other tactics to disenfranchise the Latino farm workers of Gerawan. Legal documents show that the ALRB general counsel and the Visalia-based regional director orchestrated a concerted effort to manipulate the votes of thousands of laborers at Gerawan Farming.

ALRB Lawyer Orchestrated Intimidation, Segregation

ALRB General Counsel Sylvia Torres-Guillén led the agency’s effort to… Read More

As Gov. Jerry Brown prepares to sign another climate change agreementwith “government leaders from around the world,” as his office announced, remember the recent agreement Brown got into with the scandalized Oregon Gov. Kitzhaber. “In October 2013,California Gov. Jerry Brown, together with the Governors of Oregon and Washington and the British Columbia Premier,signedthePacific Coast Action Plan on Climate and Energy, “to align climate change policies and promote clean energy,’” I wrote in February.

The Pacific Coast Collaborative links with theWest Coast Infrastructure Exchange(WCX), a compact betweenCalifornia, Oregon, Washington and British Columbia, formed in 2013 to promote “the type of new thinking necessary to solve the West Coast’s infrastructure crisis.” And the WCX is linked to… Read More

Thursday, a California Appellate Court struck a blow to autocratic labor, when it struck down California’s Compulsory Contracting Statute as unconstitutional, and set aside the state’s Agricultural Labor Relations Board-ordered contract on Gerawan Farming. The court called the forcing of this unwanted union contract on workers an “unconstitutional abuse of authority.”

And, the Court even awarded repayment to Gerawan of its costs for bringing this appeal.

The ruling is a significant victory for Gerawan Farming and its 5,000 workers. Gerawan’s workers have been fighting a UFW takeover since October 2012, when the United Farm Workers labor union showed up unannounced after abandoning workers for more than 20 years, and ordered workers to pay 3 percent of their… Read More

‘Transparency’ is probably the most overused word in political speech, while at the same time, the most underutilized in practice.In a free society, transparency in government means openness, accountability, and honesty. It is the obligation of government to share information with citizens, yet is increasingly difficult to access – even in California, home to Silicon Valley.

Without transparency, citizens are unable to hold public officials accountable. And that’s the problem –government is responsible for making itself available to be accountable. It’s unnatural. While the true statesman values principle above popularity, today’s era of politics in California doesn’t breed an abundance of statesmen.

However, one of the good guys – a real statesman – former State Sen. Sam Blakeslee, has tackled the problem of transparency in politics. The Institute for Advanced Technology and Public Policy, under the leadership of Blakeslee, officially launched the Digital Democracy Project, to provide a searchable database of all legislative hearings. “This package… Read More