The Labor-Management Cooperation Act of 1978 is rearing its ugly head once again in the California Legislature, as it roars to the end of the 2015-16 session. The idea behind the “Labor Management Cooperation Committee” ostensibly is to improve communication between representatives of Labor and Management, expand and improve working relationships between worker and managers, and to ensure health and safety working conditions in the construction industry, among other stated goals. But really, it is to put non-union companies out of business.

Senate Bill 954 by Sen. Robert Hertzberg, D-Van Nuys, would redefine what benefits employers can pay into as part of their obligation to pay workers on public works projects the prevailing wage. Specifically, the bill qualifies certain prevailing wage benefit payments, but only if they are made by an employer “obligated under a collective bargaining agreement.”

What this means is that non-union groups will be… Read More

“It is enough that the people know there was an election. The people who cast the votes decide nothing. The people who count the votes decide everything.” – Joseph Stalin

Despite damning evidence of bias, and the disgraceful behavior of a state official who sits in judgment of others, theState Senateconfirmed Genevieve Shiroma’s reappointment to the state Agricultural Labor Relations Board 26-11, once again proving the Democrat Party is no longer Democratic.

In California, the Democrat Party now adheres to Joseph Stalin’s rule book. In April Shiroma, one of thethree-memberCalifornia Agricultural Labor Relations Board,… Read More

A California Appellate Court struck down California’s compulsory contracting statute as unconstitutional, and set aside the ALRB-ordered contract against Gerawan Farming and its workers.

A three-judge panel justunanimously struck down California’s Mandatory Mediation and Conciliation secrecy law as unconstitutional, handing a win to Gerawan Farming and employee Lupe Garcia.Mandatory Mediation and Conciliationwas signed into law by Democratic Gov. Gray Davis in 2002.

The May 9, 2016 decision by the Fifth District Court of Appeals in Fresno just handed farmworker Lupe Garcia a win in his battle for constitutional rights against the United Farm Workers and the California Agricultural Labor Relations Board.

Garcia challenged his right to attend portions of the binding formation process known… Read More

This is the second part in a series; Part l is here.

California businesses are being targeted for retribution through a bill passed by the Legislature and signed into lawby Gov. Brown October 10, rewriting the definition of the labor rules governing piece-rate compensation in California.

Assembly Bill 1513 unfairly singles out two of the largest fruit growers in the San Joaquin Valley, for discriminatory treatment, based on demands that these two companies be excluded from protection under the bill’s affirmative defense. Both companies are targets of United Farm Workers unionizing efforts.

It is however, a violation of the U.S. Constitution to single out members of a group so as to inflict punishment on them without a judicial trial (United States v. Lovett).

Fowler Packing Company and Gerawan Farming are the victims of an injustice done at the behest of the… Read More

The IRS scandal in the headlines for several years revealed the Internal Revenue Service developed a scheme to prosecute conservatives who publicly oppose President Obama’s policies.

California Gov. Jerry Brown and his legislative Democrats have just accomplished a similar scheme with the passage of a bill targeting two large agriculture businesses, which dared to challenge the illegal stranglehold on Brown’s appointed Agriculture Labor Relations Board by the waning United Farm Workers labor union.

Family owned and operatedFowler Packing Company and Gerawan Farming are targets of Assembly Bill 1513, which unfairly carves-out the two employers who have long been targeted for UFW unionizing efforts, from the limited safe harbor provisions in the recently passed and signed bill.

Both large employers and growers, Fowler Packing grows peaches, nectarines, plums and mandarins, and Gerawan grows nectarines, peaches and grapes.

Wag the… Read More

In 2003, an Agricultural Labor Relations Board administrative judge identified Jessica Arciniega as “UFW staff member” at its Oxnard office. ALRB administrative law judge Nancy Smith even called her a “union agent.”

Today, Arciniega is one of the ALRB’s top staff attorneys. And with the recent shakeups in the ALRB general counsel’s office that resulted in the sackings and sudden resignations of top lawyers, people are wondering why Arciniega remains on the job.

The lawyer has come a long way since getting her law degree as an “apprentice” of longtime UFW lawyer Barbara Macri-Ortiz, who in fact calls Arciniega “my apprentice.”

State law requires all ALRB personnel to be worker advocates with no partiality for or against either employers or unions. Arciniega is anything but objective. Her title at the UFW was “lead organizer.” The Militant, published by the Socialist Workers Party, reports Arciniega being a UFW boycott leader as far back as 2000.

In Oxnard more than a decade ago, the Los Angeles Times profiled Arciniega under the headline, “… Read More

While California Gov. Jerry Brown has ignored thousands of California farm workers who don’t want to be unionized,Wisconsin became the 25th Right-to-Work state.

Happy Labor Day Gerawan farm workers. In one of the most significant labor relations fights in the country, proceedings have turned ugly, with many questioning the legal tactics and scruples of the Agricultural Labor Relations Board.

TheAgricultural Labor Relations Boardsays it exists to protect the rights ofallagricultural employees, including those not wanting labor organization representation, as is the case with Gerawan Farming employees. However, Gerawan farming employees say they have not received any assistance from the ALRB.

Whenever they can, labor unions historically try to gain control over entry into the labor market. “Such measures are for the purpose of holding down the supply of labor in the field and thereby enabling those fortunate enough to be admitted to it, to earn higher incomes,” wrote George Reisman of the… Read More

With the dozens of stories I’ve written about the bold fight of farm workers at Gerawan Farming against unionization by the United Farm Workers labor union, and the Agricultural Labor Relations Board, a couple of recent letters synopsized the shocking series of events.

The attorney for the workers, Paul Bauer, penned two letters to ALRB Regional Director Silas Shawver, outlining events, and laying out a clear case for conflicts of interest by the attorneys at the ALRB.

I’ve reported on the Gerawan workers since Spring 2013, including the November 5, 2013 decertification election. Because the Gerawan workers likely voted to decertify the UFW, Shawver and Sylvia Torres Guillen, both attorneys with the ALRB, locked up the ballots and refused to count them, claiming there was some… Read More