The California General Assembly has passed legislation that would make it easier for farmworkers to unionize by participating in so-called “card-check” elections. SB 104 passed the General Assembly on Monday, May 16 by a 51-25 vote and will now go to Democratic Governor Jerry Brown.
Currently, California law prohibits employers from engaging in unfair labor practices, including election interference, and provides for criminal and civil penalties against any employer that engages in unfair labor practices as determined by the Agricultural Labor Relations Board (ALRB). Furthermore, under current law, employees in agricultural bargaining units may participate in secret ballot representation elections.
Under SB 104, however, agricultural employees would also be able to select a bargaining representative through the card-check procedure. Prospective bargaining units that submitted a petition to the board along with representation cards signed by a majority of the bargaining unit members would then be entitled to employer recognition of their chosen representative. The ALRB would investigate and determine the sufficiency of the petition and, within five days, be required to make a nonappealable administrative decision. If the ALRB finds that the petition was deficient, the union would have 30 days to submit more cards. Any employer who interfered with the card-check process would be subject to the same penalties as employers who committed other unfair labor practices.
The bill has garnered intense opposition. Western Growers President and CEO Tom Nassif blasted the bill, saying that it would actually harm workers.
“With a card check system,” said Nassif, “every worker's vote is made public to the employer, the union organizers and co-workers. This clearly exposes workers to unwanted pressure and possible intimidation by the union. This legislation is not about advancing the cause of farm workers; SB 104 is only about advancing the cause of a union that cannot persuade workers to vote for it without having a union organizer looking over the worker's shoulder.”
The governor has yet to commit to signing the legislation.
Source; CCH CaliforniaNews
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