Background: Gerawan Farming’s refusal to implement a state mandated contract with UFW
Public Help Needed
Giant Fresno, California based Gerawan Farming, with over 5000 workers at peak harvest season, sells peaches, nectarines, plums, apricots and grapes under its Prima label.
The California Agricultural Labor Relations Act (ALRA) provides California farm workers legal protections to organize and bargain for union contracts. Yet entrenched industry opposition to farm workers’ exercising their rights under the ALRA, including industry violations of the law, remains a major challenge. Gerawan is a prime example.
The United Farm Workers (UFW) won an election to represent the workers at Gerawan twenty four years ago. At that time, Gerawan attempted unsuccessfully to have the election thrown out and the State of California found that Gerawan illegally fired a crew of workers for supporting the union and unlawfully closed down six of its farm labor camps in retaliation for workers backing the UFW.
After numerous attempts to negotiate a contract with Gerawan, in 2013 the UFW invoked California’s Mandatory Mediation Law which provides for a neutral mediator to work out the terms of a contract when growers cannot reach agreement with union representatives. (Gerawan, for example, rejected basic proposals from the workers’ negotiating team regarding wage increases, a seniority system, or a “just cause” requirement for termination.) The state appointed mediator issued a UFW/Gerawan contract that was finalized by the Agricultural Labor Relations Board in November of 2013, with wage increases retroactive to July, 2013. Yet, per a recent complaint filed by the ALRB’s General Counsel, Gerawan illegally refuses to implement the contract.
In 2013 and ‘14 the State of California issued complaints against Gerawan that include accusing the grower of illegally instigating and supporting drives to get rid of the UFW; illegally interrogating and spying on workers; illegally proposing to exclude its Farm Labor Contractor workers from receiving union contract benefits; illegally intimidating workers exercising their right to participate in negotiations; failing to bargain in good faith; and illegally refusing to implement the state-issued contract.
Gerawan continues to engage in an expensive campaign to discredit the union, including paying $3,000 plus per day for anti-union labor consultants! Yet in light of the complaints against Gerawan by the state and more, Gerawan’s campaign rings hollow. Gerawan’s refusal to abide by the law and to implement the contract has deprived Gerawan farm workers of millions of dollars in wage increases and other benefits established by the state mediator in the contract.
Gerawan is able to carry on business without penalty thus far as the legal process is slow! Gerawan workers are now turning for justice to concerned consumers and the court of public opinion.