Workers link violence & election bid to anti-union Coastal Berry Co. managers
Using excerpts from some of the declarations strawberry workers signed under penalty of perjury and other documents, the following summary highlights evidence the United Farm Workers has submitted with unfair labor practice charges it filed July 16 and 17 with the Agricultural Labor Relations Board. The charges are part of the union’s appeal for the ALRB to dismiss the election petition at Coastal Berry Co. The evidence backs three points:
1. Coastal Berry Co. managers organized and ordered the violent attack on July 1 that injured four pickers, including UFW, supporters and two law enforcement officers.
2. The same managers and other management personnel went field to field systematically forcing workers to sign election petitions using threats and intimidation.
3. Jose Guadalupe Fernandez, leader of the company union who signed the election petition filed with the ALRB on July 16, was the same man the Santa Cruz County Sheriff’s Department identified as "one of the instigators" of the riot. He also faces state prison if convicted for felony assault on a police officer during the violence. Furthermore, Fernandez was an activist with the anti-UFW Agricultural Workers Committee, which claims to represent strawberry workers. Canceled checks prove that AWC was financed by agribusiness giants dominating the state’s $600 million-a-year strawberry industry, including the Western Growers Association and large strawberry growers affiliated with the Driscoll corporation.
Names of declaration signers have been deleted due to worker fears of retribution and violence. The UFW will show reporters copies of declarations without the deletions and make some workers available for interviews after working hours under condition their real names will not be used.
1. Coastal Berry Co. managers organized and ordered the violence on July 1.
7 a.m. , July 1, 1998–At a meeting in the mechanics shop at Coastal Berry Co.’s Watsonville cooling facility were Foremen Roberto Chavez, Agustin and Joel Lobato, Enrique Leal, supervisor for the company’s Inland Division, and a group of anti-union workers. Foreman Chavez talked "about how this group was going to stop the workers…from working. I heard Roberto Chavez say that if they had to beat up the workers to stop them from working, that is what the group was going to do. Roberto also said that he would uproot the plants and disc the fields." (From declarations, including Coastal Berry worker __________. Part of UFW-filed ALRB charge 98-CE-22-SAL.)
-At a meeting in the mechanics shop at Coastal Berry Co.’s Watsonville cooling facility were Foremen Roberto Chavez, Agustin and Joel Lobato, Enrique Leal, supervisor for the company’s Inland Division, and a group of anti-union workers. Foreman Chavez talked "about how this group was going to stop the workers…from working. I heard Roberto Chavez say that if they had to beat up the workers to stop them from working, that is what the group was going to do. Roberto also said that he would uproot the plants and disc the fields." (From declarations, including Coastal Berry worker __________. Part of UFW-filed ALRB charge 98-CE-22-SAL.)
After 7 a.m., July 1, 1998–The same anti-union group, roughly 130 workers, that attend the meeting at the cooler went to Coastal Berry’s Silliman Ranch, yelling at and beating up pickers who were still working, and later assaulting law enforcement officers. Fernandez was arrested for felony assault on a peace officer.
–The same anti-union group, roughly 130 workers, that attend the meeting at the cooler went to Coastal Berry’s Silliman Ranch, yelling at and beating up pickers who were still working, and later assaulting law enforcement officers. Fernandez was arrested for felony assault on a peace officer.
A worker who was beaten approached Coastal Berry Inland Division Supervisor Enrique Leal and said, "This was no way to treat people who wanted to organize and have a union." The worker showed Leal his bloodied work jacket. "Enrique said that it was not his problem and that he should go and tell the police."
"When the foreman, Roberto Chavez, and the supervisor, Joel Lobato, arrived, I told them to calm their people down, that it was their responsibility to control the workers and have a safe work place," another worker declared. "[Foreman] Roberto [Chavez] replied, ‘It’s okay, I sent them.’ [Chavez] said that we deserved to get assaulted because we wanted to work and did not want to abandon our jobs…I told him, ‘What do you mean? Why did you send them to beat us up?’ Then [Supervisor] Joel [Lobato] responded, ‘That’s good that they fucked you up, to get the stupidity out of you.’" (From declarations of Coastal Berry workers _____________, _____________, and ___________. Part of UFW-filed ALRB charge 98-CE-22-SAL.)
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2. Coastal Berry Co. managers and other management personnel went field to field systematically forcing workers to sign the election petitions.
9:15 a.m., July 14, 1998–While about four crews–around 200 pickers–were laboring at Silliman Ranch, work was stopped by a number of foreman, including Rafael Barragan. Coastal Berry Inland Division Supervisor Enrique Leal showed up. He walked to the center of group and stated that the anti-union forces were going to hold an election and "that he is going to figure out who was a union supporter and was going to remove them from the ranch," a worker stated. (Declarations from Coastal Berry workers __________ and ___________. Part of UFW-filed ALRB charge 98-CE-17-SAL.)
–While about four crews–around 200 pickers–were laboring at Silliman Ranch, work was stopped by a number of foreman, including Rafael Barragan. Coastal Berry Inland Division Supervisor Enrique Leal showed up. He walked to the center of group and stated that the anti-union forces were going to hold an election and "that he is going to figure out who was a union supporter and was going to remove them from the ranch," a worker stated. (Declarations from Coastal Berry workers __________ and ___________. Part of UFW-filed ALRB charge 98-CE-17-SAL.)11:40 a.m., July 14, 1998–Later that morning, an anti-union truck driver visited the same crews at Silliman Ranch. He interrogated workers, trying to find out if they were union supporters. This confirmed to workers what Leal threatened in the earlier meeting: that union supporters would be identified and fired. (Declarations from Coastal Berry workers ___________
and ____________. Part of UFW-filed ALRB charge 98-CE-17-SAL.)
11:25 a.m., July 15, 1998–Coastal Berry Inland Division Supervisor Enrique Leal arrived at Silliman Ranch. Workers saw him speaking with "stacker" Bernave Hernandez.
Coastal Berry Inland Division Supervisor Enrique Leal arrived at Silliman Ranch. Workers saw him speaking with "stacker" Bernave Hernandez.
12:20 p.m., July 15, 1998–Hernandez together with a truck driver approached workers in a crew during lunch break. Stacker Hernandez gathered the crew of 42 workers in front of the pick-up truck of Foreman Rafael Barragan, who was sitting inside with the windows rolled down–"watching and hearing" what was going on. Hernandez told the group "that we need to sign a
-Hernandez together with a truck driver approached workers in a crew during lunch break. Stacker Hernandez gathered the crew of 42 workers in front of the pick-up truck of Foreman Rafael Barragan, who was sitting inside with the windows rolled down–"watching and hearing" what was going on. Hernandez told the group "that we need to sign a
petition to have an election." He falsely claimed the UFW wants to have all the workers who are undocumented removed from the ranch and that’s one reason why they should vote against the union. Workers began to sign the petition while Foreman Barragan watched from a few feet away. "As the workers were signing, the stacker told us that if we did not sign that we knew what would happen to us," a worker stated in a declaration. "We understood this to mean that we would be fired. Barragan heard this statement and did not do anything to indicate that it was not a threat to us."
Their half-hour lunch break normally lasts from 12 noon to 12:30 p.m. Foreman Barragan let the lunch break run to 12:45 p.m. "so that everyone could sign the petition and only after everyone had signed the petition did he call everyone back to work," a worker reported. The foremen illegally allowed the petition to be circulated during working hours. "We both signed the petition because we were afraid that we would be fired." (Declarations from Coastal Berry workers __________ and ____________. Part of UFW-filed ALRB charge 98-CE-20-SAL.)
"The puncher Lupe [a woman who is part of management and keeps track of how many boxes people pick] asked the stacker Hernandez if Maria Ortiz had come into work," a worker stated. "Hernandez said he did not think that Maria had come to work. The puncher Lupe told Hernandez to add Maria Ortiz’s name to the petition. Hernandez then wrote the name down in
the petition." (Declarations from Coastal Berry workers _____________ and _____________. Part of UFW-filed ALRB charge 98-CE-20-SAL.)
Morning work break, July 15, 1998–At a Coastal Berry strawberry field, Adan, a company supervisor, gave a piece of paper–that workers assumed was an election petition–to a worker named Hilda. She signed it and gave it back to Adan. (Declaration from Coastal Berry worker _____________. Part of UFW-filed ALRB charge 98-CE-20-SAL.)
At a Coastal Berry strawberry field, Adan, a company supervisor, gave a piece of paper–that workers assumed was an election petition–to a worker named Hilda. She signed it and gave it back to Adan. (Declaration from Coastal Berry worker _____________. Part of UFW-filed ALRB charge 98-CE-20-SAL.)
Lunch hour, July 15, 1998–At the Silliman Ranch, workers heard Foreman Joel Lobato ask trucker Jose Luis Lara, "did everyone sign [the petition]?" (Lobato is the foreman who on July 1 told pro-UFW pickers they deserved to get beaten "to get the stupidity out of you.") Not everyone had signed the petition. "Lobato answered, ‘Those who don’t want to sign can go to fucking hell.’ Jose Luis [Lara] answered, ‘I will start passing it around right now so that everyone can sign,’ referring to the petition." Lara was then seen passing around the petition.
-At the Silliman Ranch, workers heard Foreman Joel Lobato ask trucker Jose Luis Lara, "did everyone sign [the petition]?" (Lobato is the foreman who on July 1 told pro-UFW pickers they deserved to get beaten "to get the stupidity out of you.") Not everyone had signed the petition. "Lobato answered, ‘Those who don’t want to sign can go to fucking hell.’ Jose Luis [Lara] answered, ‘I will start passing it around right now so that everyone can sign,’ referring to the petition." Lara was then seen passing around the petition.
"When it was time to go back to work, Lobato and [Lara] said they were going to review the list to see who had not yet signed…[A]fter this, they began to collect signatures…I think that a lot of people signed because they saw that [Foreman] Lobato was looking…When I saw that they were checking the lists, I got close so that I could sign because I thought that if I did not sign, I was going to lose my job…After we signed, the ‘puncher’ Maria Elena Cisneros, sister-in-law of [Supervisor] Enrique Leal, asked us if we had already signed the petition. She told us that if we did not sign it, she ‘would know who you are siding with,’ meaning that if we did not sign, they would identify us as union supporters. We told her that we had signed." (Declaration from Coastal Berry worker _____________. Part of UFW-filed ALRB charge 98-CE-19-SAL.)
12 noon, July 15, 1998–Puncher Gloria Candelaria, a management employee, circulated the petition among Crew 22 in Coastal Berry Co. raspberry fields. She was trying to get raspberry workers to sign it. (Declarations from Coastal Berry workers ______________ and ____________. Part of UFW-filed ALRB charge 98-CE-18-SAL.)
–Puncher Gloria Candelaria, a management employee, circulated the petition among Crew 22 in Coastal Berry Co. raspberry fields. She was trying to get raspberry workers to sign it. (Declarations from Coastal Berry workers ______________ and ____________. Part of UFW-filed ALRB charge 98-CE-18-SAL.)
Afternoon work break, July 15, 1998-Workers in a Coastal Berry strawberry field saw Foreman Ricardo Silva hand a piece of paper with signatures on it to a truck driver named Arturo Daniel. "Mr. Daniel was passing the paper to workers while Foreman Ricardo stood next to him. Mr. Daniel moved to different groups of workers and Foreman Ricardo moved with him." The paper was only presented for signature to workers who did not favor the union. (Declaration from Coastal Berry worker ___________. Part of UFW-filed ALRB charge 98-CE-23-SAL.)
6:45 a.m., July 16, 1998–Workers at Jensen Ranch Crew No. 3 were walking to work and saw Foreman Luis Ramirez standing by a truck. Ramirez waved a worker to come over. The foreman asked the worker if he wanted to sign a paper to have an election so the union would no longer be at the ranch. Ramirez told the worker to go to the truck driver, named Jorge, to sign the petition. Jorge was having workers sign the petition. This worker also saw other workers arrive. Ramirez was doing the same thing to them–directing them to sign the petition carried by the trucker. (Interview with Coastal Berry worker ______________. Part of UFW-filed ALRB charge 98-CE-23-SAL.)
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3. Leader of the company union filing the election petition was identified by police as "one of the instigators" of the July 1 riot and was active with another anti-UFW group that cancelled checks show was financed by the strawberry industry.
* Newspaper stories quoted law enforcement officials who cited Jose Guadalupe Fernandez as "one of the instigators of the melee" on July 1 in Coastal Berry fields that injured five strawberry workers and two peace officers. "Jose Guadalupe Fernandez, 22, a truck driver for Coastal Berry whom [Santa Cruz County sheriff’s deputy Kim] Allyn called one of the instigators of the melee, advanced on peace officers with a length of pipe," the San Jose Mercury News reported on July 2, 1998 (see attached news clip).
"Fernandez was booked at Santa Cruz County Jail for assaulting a peace officer, a felony that could land him in state prison if he is convicted, Allyn said."
* The petition for an election at Coastal Berry officially submitted to the ALRB on Thursday, July 16 by a group calling itself the Coastal Berry Farmworkers Committee listed its leader, Jose Guadalupe Fernandez, as "petitioner" (see attached petition).
* Photographs show Fernandez was an activist with the Agricultural Workers Committee, an anti-UFW group that has purported to represent strawberry workers (see attached photos).
* Canceled checks obtained during the discovery process as part of an ongoing UFW lawsuit against AWC prove that the powerful Western Growers Association and several large strawberry companies, including key Driscoll growers, financed what the union calls an industry "front group" (see attached copies of cancelled checks).
Highlights from UFW Unfair Labor Practice
Charges Against Coastal Berry Co.
98-CE-22-SAL–On July 1, 1998, Coastal Berry Co. "through its agents Supervisor Enrique Leal, Foremen Roberto Chavez, Rafael Orosco, Rafael Barragan, Agustine Lobato and acting Foreman Joel Lobato instigated and orchestrated a physical attack and battery upon workers Efren Vargas, Isabel Rendon, Ramon Gallegos and other workers because [they] were UFW supporters…[Such] acts of direct violence at workers because of their UFW support, including destruction of company and worker property, created an atmosphere of intimidation and coercion which instilled a chilling effect on the workers’ right to organize and to freely choose a union representative."
98-CE-19-SAL–On July 15, 1998, Coastal Berry Co. through Foreman Joel Lobato "instigated, condoned and sponsored an election petition by reviewing said petition with the trucker to see if the whole crew had igned…Lobato stood by and watched to ensure that all workers signed, thereby intimidating workers into signing…for fear of losing their jobs." Workers were also led to believe the company was behind the election petition.
98-CE-19-SAL–On July 15, 1998, Coastal Berry Co. through Foreman Joel Lobato "instigated, condoned and sponsored an election petition by reviewing said petition with the trucker to see if the whole crew had igned…Lobato stood by and watched to ensure that all workers signed, thereby intimidating workers into signing…for fear of losing their jobs." Workers were also led to believe the company was behind the election petition.
98-CE-20-SAL–On July 15, 1998, Coastal Berry Co. through Foreman Rafael Barragan "condoned and sponsored an election petition by allowing the extension of the lunch time break so that company agent[s] could collect signatures for an election petition."
98-CE-17-SAL–On July 14, 1998, Coastal Berry Co. through Supervisor Enrique Leal called a meeting of approximately 200 workers at the company’s Silliman Ranch at which workers "were led to believe the employer was instigating, controlling, and sponsoring the election."
98-CE-18-SAL–On July 15, 1998 Coastal Berry Co. through puncher Gloria Candelaria, "was instigating, controlling, sponsoring and passing around an election petition, coercing and intimidating workers to sign [it]." Workers were led to believe the employer was behind the petition.