Statement of Assembly Speaker Emeritus Fabian Nunez on
Veto of AB 2386, Secret Ballot for Farmworkers Bill
“This summer – ‘Black Summer’ as it has been called – provided a tragic reminder of the harsh and sometimes deadly conditions facing California farmworkers. With one stroke of his pen Governor Schwarzenegger could have single-handedly helped end California’s harvest of shame. Instead, this veto allows a system to continue that means the workers who bring us our food will continue to toil in the heat without the water and shade they are entitled to by law. It means in some cases they will continue to work for pay less than the minimum wage law guarantees. In our current economy, and even in the best of times, California will never have adequate enforcement personnel to oversee the state’s 80,000 farms and ranches. The best way to ensure that workers are protected and the state’s laws are followed is to ensure that our 500,000 farm workers have a voice in the fields. That is what AB 2386 would have accomplished. AB 2386 would have advanced secret ballot elections for farmworkers using absentee ballots just like many Californians fill out at election time. The secret ballot provisions in AB 2386, including tough penalties for abuse, were specifically written to address concerns about voting rights that were raised in past vetoes. I knew it would be a tough bill to get a signature on. Still, this veto means a great opportunity to increase safety, fairness and justice has slipped away. And that is a shame.”
Bill summary: AB 2386 would have enacted a mediated election process in which a worker would be able to fill out a secret ballot containing two choices – the worker would be able to directly select union representation or the worker would be able to vote to have a traditional ballot booth election overseen by the ALRB. The worker would be the only one who fills out the ballot and places it into the envelope. This entire process would be overseen by a neutral mediator selected by both employers and labor. The neutral mediator would oversee this new process, convene a meeting of the parties, outline the rules of conduct, and count the ballots.
NOTE: This summer accompanied by a camera operator, Núñez traveled to several farms in California’s Central Valley to obtain documentary footage of conversations with workers, contractors and growers. This documentary, California’s Harvest of Shame, can be found at http://vimeo.com/1551798. The Spanish version of California’s Harvest of Shame can be found at http://vimeo.com/1823075.
Website of Speaker Emeritus Fabian Núñez: www.asm.ca.gov/nunez
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