Judge finds Pictsweet guilty of bad-faith bargaining, boosts case for bill giving farm workers binding arbitration in contract talks

In a move bolstering legislation that would give farm workers binding arbitration during union contract negotiations, an administrative judge with the state Agricultural Labor Relations Board (ALRB) ruled on June 19, 2002 that Pictsweet Mushroom Farms in Ventura, Calif. is guilty of bad-faith bargaining and other serious violations of the law.

In a 66-page decision, Administrative Law Judge Nancy C. Smith found Pictsweet broke the law by failing to provide a customary biennial pay hike in violation of the company’s duty to bargain with the union, refusing to provide information the United Farm Workers needed to prepare for contract negotiations, violating seniority when conducting layoffs and recalls, and having a company lead-person condition a requested job transfer on the employee signing a petition to decertify–or get rid or–the UFW.

Every two years, Pictsweet had provided pickers with an increase in the piece rate paid for each unit of mushrooms they harvested. That raise was due in August 2000. However, in the previous January workers renewed their efforts at bargaining for the UFW contract they lost when the company was sold in 1987. Judge Smith wrote "that during the 2000 negotiations, Pictsweet unilaterally decided to end its practice of providing wage increases every two years to its pickers." Making such a unilateral change without first bargaining with the union is illegal.

The UFW is sponsoring SB 1736, by state Senate President pro Tem John Burton (D-San Francisco), that would bring in arbitrators to help growers and farm workers overcome obstacles to agreement during union contract talks in cases such as Pictsweet. The bill has been approved by the Senate and is currently being debated in the Assembly.

In May, the members of the ALRB upheld an earlier administrative judge’s decision finding Pictsweet guilty of firing mushroom picker Fidel Andrade in retaliation for his support of the UFW and for engaging in other activities protected by California‘s farm labor law. The company was ordered to offer Andrade his job back and to reimburse him for all lost wages and benefits.

The latest legal blow to Pictsweet, from Judge Smith’s June 19 ruling, followed many days of testimony at a February hearing in Oxnard. A detailed nine-count complaint was issued in this case against Pictsweet on June 26, 2001 by prosecutors with the ALRB.

The latest set of negotiations between Pictsweet and its workers has gone on since early 2000, with management refusing to respond to the workers’ basic demands, the UFW states. The Cesar Chavez-founded union has contracts protecting about 70% of the mushroom workers on California‘s Central Coast.

– end –  


Complete 66-page decision by Administrative Law Judge Nancy C. Smith