UFW: Neutral administrative judge will decide whether the Gerawans committed egregious violations of the law
Fresno, Calif.—Agricultural Labor Relations Board Administrative Law Judge Mark R. Soble began Monday (Sept. 29, 2014) to hear what could be months of sworn testimony on sweeping indictments from state prosecutors charging Gerawan Farming with multiple, serious and repeated violations of the law aimed at “prevent[ing] the [United Farm Workers] from ever representing its employees under a [union contract]” and at decertifying, or getting rid, of the UFW, according to the ALRB general counsel, which issued the allegations.
“The UFW has faith that after state prosecutors present their case and witnesses, and the company presents its defense during this impartial judicial proceeding, the neutral judge will conclude that the Gerawans are guilty of the egregious violations of the law with which they have been charged,” said UFW National Vice President Armando Elenes.
Among the charges from prosecutors resulting from extensive state investigations are that Sylvia Lopez, leader of the drive to decertify the UFW, started her anti-union activities at Gerawan before starting to work for the company; that she “rarely worked a full day in her crew” but instead illegally joined supervisors in pushing the decertification campaign during working hours (emphasis added); and that she missed work about 75 percent of the time without penalty during critical months of the decertification drive.
Among other charges are that Gerawan supervisors “cancelled work and directed workers to protests in support of the decertification effort”; that “Gerawan’s crew bosses then directed employees to protest against the ALRB and the UFW instead of allowing employees to work (emphasis added)”; that Gerawan “made sure that employees would not be able to access fields and work on September 30, 2013, thus coercing them into participating in protests in support of decertification (emphasis added)”; and that “Gerawan employees, with direction and support from Gerawan and its supervisors, stopped work and engaged in anti-UFW and anti-ALRB protests for the purpose of gathering signatures on the decertification petition (emphasis added).”
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