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Gerawan Farming Inc Synopsis, updated 9-8-14

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2012-CE-041-VIS (Filed on: 12-6-12)    Basis of Charge: On or about November 2, 2012 and continuing to date, the above named Employer, by its officers, agents, and representatives, including Dan Gerawan, Mike Gerawan, and Ray Gerawan, and others, is actively engaging in bad faith bargaining.  On October 30, 2013, the charge went to complaint along with 2012-CE-041/47-VIS & 2013-CE-007/009/025-VIS.

  • 2012-CE-042-VIS (Filed on: 12-6-12) Basis of Charge: On or about November 2, 2012 and continuing to date, the above named Employer, by its officers, agent, and representatives, including Dan Gerawan, Mike Gerawan, and Ray Gerawan, and others are engaging in the unlawful initiation of a decertification campaign. On September 9, 2014, the charge went to complaint.
  • 2012-CE-046-VIS (Filed on: 12-18-12) Basis of Charge: On or about November 13, 2012 and continuing, the employer, through its owners, supervisors, agents, and/or representatives, has sought to solicit employee grievances concerning union representation through various written and oral communications with bargaining unit members, in violation of the ALRA.  On September 9, 2014, the charge went to complaint.
  • 2012-CE-047-VIS (Filed on: 12-18-12) Basis of Charge: On or about November 13, 2012 and continuing, the employer, through its owners, supervisors, agents, and/or representatives, has sought to undermine the UFW’s status as exclusive bargaining representative of its employees through various written and oral communications with bargaining unit members, in violation of the ALRA.  On October 30, 2013, the charge went to complaint along with 2012-CE-041/47-VIS & 2013-CE-007/009/025-VIS.
  • 2013-CE-003-VIS (Filed on: 2-12-13) Basis of Charge: On or about February 9, 2013, and continuing to date, the employer has requested that the UFW identify in advance of negotiations all employees that will participate in negotiations so that the employer can “verify their status” before negotiations.  Such a request is unlawful and interferes with employees’ rights to participate in negotiations, and interferes with UFW’s rights to select its own bargaining team.
  • 2013-CE-004-VIS (Filed on: 2-12-13) Basis of Charge: On or about November 14, 2012, the employer refused to provide the certified bargaining representative (UFW) with information relevant and necessary to collective bargaining, unless the UFW agreed to a confidentiality agreement.  Requiring the signing of the confidentiality agreement in exchange for the release of information the employer is required to provide under the ALRA is a violation of the Act.
  • 2013-CE-005-VIS (Filed on: 2-13-13) Basis of Charge: On or about February 9, 2013, and continuing to date, the employer has insisted on adherence to a confidentiality agreement between the employer and the UFW that is unlawful, would interfere with the Union’s collective bargaining duties, and would preclude the ALRB from performing its duties to investigate whether or not the employer is violating the Act.
  • 2013-CE-006-VIS (Filed on: 2-27-13) Basis of Charge: On or about February 12, 2013, the employer canceled a negotiations meeting in violation of the Act by asking employees to sign an attendance sheet and a confidentiality agreement at the beginning of the scheduled negotiations meeting.  This cancellation constitutes bad faith bargaining and reasonably interferes with employees exercising their rights under the Act.
  • 2013-CE-007-VIS (Filed on: 2-27-13) Basis of Charge: On or about February 22, 2013, and continuing, Gerawan Farming has violated the Agricultural Labor Relations Act, as follows: (1) use of identifying information provided at negotiations meetings by worker members of the Union bargaining committee in a manner that is threatening and coercive; (2) surveillance; (3) undermining the UFW’s status as exclusive bargaining representative of employees; and (4) engaging in direct dealing with employees.  The public use of identifying information in the Employer’s distribution of a company-wide leaflet communicates to workers that the employer is engaged in heightened scrutiny regarding employee identifying information tied to the employment status of individual non-supervisory agricultural employees.  The flyer further communicates that the Union bargaining committee is an inappropriate body to represent the interests of the employees, based on the lack of identifying information by individual employees sitting on the committee and based on unproven allegations of UFW defaming the company.   This heightened scrutiny regarding identifying information chills non-supervisory agricultural employee participation in and cooperation with the Union negotiating committee.  The leaflet also seeks to undermine the Union’s status as the employees’ bargaining representative, and seeks to solicit employee concerns regarding the Union’s status and concerns regarding the lawsuit filed by Gerawan.  On October 30, 2013, the charge went to complaint along with 2012-CE-041/47-VIS & 2013-CE-007/009/025-VIS.
  • 2013-CE-009-VIS (Filed on: 3-18-13) Basis of Charge: On or about February 12, 2013, and continuing to date, the employer has refused to provide accurate employee contact information to the UFW, who is the exclusive certified bargaining representative, which is a violation under the Act.  On October 30, 2013, the charge went to complaint along with 2012-CE-041/47-VIS & 2013-CE-007/009/025-VIS.
  • 2013-CE-010-VIS (Filed on: 3-20-13) Basis of Charge: On or about January 18, 2013, Gerawan has engaged in bad faith bargaining by insisting on excluding from the terms of a collective bargaining agreement (CBA) any employees it hires through farm labor contractors.  Such a proposed exclusion of farm labor contractor employees from coverage of the terms of a CBA is a violation of the Act. On May 17, 2013, the above charge went to complaint.
  • 2013-CE-011-VIS (Filed on: 3-20-13) Basis of Charge: On or about March 1st, 2013, and continuing to date, the above named employer has refused to provide the certified bargaining representative (UFW) with information vital to administer its duty as representative, which is a violation under the Act.  This includes refusing to provide documents that the employer asked or required employees to sign during mandatory captive audience meetings.
  • 2013-CE-025-VIS (Filed on: 7-9-2013) Basis of Charge: On or about June 2013, the above named employer through its supervisors, representatives, and agents, unilaterally implemented a wage increase for FLC employees, without proving the UFW with notice or an opportunity to bargain over this change. While all FLC/Gerawan deserve wage increases, Gerawan is required to bargain with UFW over any such changes. These actions constitute violations of the Act, including but not limited to Labor Code sections 1153 (a), (c), and (e). On October 30, 2013, the charge went to complaint along for 2012-CE-041/47-VIS & 2013-CE-007/009/025-VIS.
  • 2013-CE-026-VIS (Filed on: 7-12-2013) Basis of Charge: On or about July 4 and 5th, 2013, the above named employer, by its officers, agents, and representatives, including foreman Francisco J. Maldonado and Supervisor “Lupe,” discriminated against union negotiating committee member worker Rafael Amaro Marquez by retaliating against Mr. Marquez due to his union support and other protected concerted activity, in direct violation of the Act.
  • 2013-CE-027-VIS (Filed on: 7-14-2013) Basis of Charge: On or about July 1, 2013, and continuing to date, Gerawan supervisors, foreman, and/or agents have circulated a decertification petition and flyer among workers during work and have coerced employees into signing the petition to decertify the UFW, in clear violation of the ALRA. The charge went to complaint on August 15, 2013.
  • 2013-CE-030-VIS (Filed on: 8-16-2013) Basis of Charge: On or about August 12, 2013, and continuing to date, Gerawan Farming, through its foremen, supervisors, and/or agents, has willfully resisted, prevented, impeded, or interfered with Board agents in the investigation of charges filed with the Board against Gerawan Farming in violation of Labor Code section 1151.6. This conduct has interfered with employee rights to participate in board investigations and has coerced employees in the exercise of their rights. On September 9, 2014, the charge went to complaints
  • 2013-CE-038-VIS (Filed on: 9-12-2013) Basis of Charge: On or about August 21, and continuing to date, Gerawan Farming, Inc, through it supervisors, agents, and representatives has violated the Act by unlawfully soliciting employee concerns regarding Unionization through directing its supervisors to tell workers that any questions they have about the Union should be directed to Jose Erevia for response. On September 9, 2014, the charge went to complaint.
  • 2013-CE-039-VIS (Filed on: 9-12-2013) Basis of Charge: On or about June 1, 2013, and continuing to date, Gerawan Farming, Inc, through it supervisors, agents, and representatives has violated the Act by unlawfully assisting the Gerawan Employees for a Free Election (GEFE) by allowing GEFE members, supporters, agents and representatives to collect signatures for a decertification petition on work time, while discriminating against workers that support the UFW by denying them the same opportunity to circulate pro-UFW petitions.  On September 9, 2014, the charge went to complaint.
  • 2013-CE-041-VIS (Filed on: 10-2-2013) Basis of Charge: On or about September 30, 2013, and continuing, Gerawan Farming, Inc., through its owners, supervisors, labor contractors, attorneys, end agents has unlawfully dominated and assisted decertification efforts in planning, preparation, material assistance and payment for anti-UFW protests in and around its fields and in Sacramento, California, Including but not limited to, payment for the buses and other costs, in violation of the Act. On September 9, 2014, the charge went to complaint.
  • 2013-CE-042-VIS (Filed on: 10-2-2013 Basis of Charge: On or about September 30,2013, and continuing to date, Gerawen Farming, Inc., through its supervisors, agents, and/or representatives has coerced employees In the exercise of their rights through the following illegal conduct:

o   (1) blocking ranch entrances to coerce employees into signing a decertification petition:

o   (2) canceling work to support anti-UFW and anti-ALRB protests;

o   (3) asking or requiring workers to attend anti-UFW and anti-ALRB protests, instead of performing work.

These acts and conduct are a violation of employee rights under the ALRA.  On September 9, 2014, the charge went to complaint.

  • 2013-CE-043-VIS (Filed on: 10-2-2013) Basis of Charge: On or about late August and continuing to date, Gerawan Farming, Inc., through its representatives, agents, supervisors and/or foremen has communicated to workers that if the Union is successful or obtains a contract, the company will go out of business. These threats are blatant violations of the ALRA. On September 9, 2014, the charge went to complaint.
  • 2013-CE-044-VIS (Filed on: 10-2-2013) Basis of Charge: On or about September 1, 2013 and continuing to date, Gerawan Farming, Inc., through its agents, representatives, and attorneys has continued to refuse to provide correct employee contact information to the UFW by giving employee contract information that is inaccurate, and by failing to correct it, in violation of the Act.  On September 9, 2014, the charge went to complaint.
  • 2013-CE-045-VIS (Filed on: 10-2-2013) Basis of Charge: On or about September 6,2013, and continuing to date, Gerawan Farming. Inc., through its agents, representatives, and attorneys, continues to refuse to provide relevant and requested information to the UFW by refusing to provide financial information to the UFW in violation of the Act. On September 9, 2014, the charge went to complaint.
  • 2013-CE-046-VIS (Filed on: 10-4-2013) Basis of Charge: On or about October 3, 2013, Gerawan Farming Inc., through its owners, supervisors, agents, representatives, and/or forepersons, including foreman Benigno Gonzalez, terminated Revmundo R. Dominguez in front of other workers in retaliation for Reymundo’s union activities and support. This retaliation has a chilling effect on workers right to freely support the union in violation of the Act.
  • 2013-CE-047-VIS (Filed on: 10-4-2013) Basis of Charge: On or about September 16,2013 Gerawan Farming Inc., through its owners, supervisors, agents, representatives, and/or forepersons, including foreman Jesus S. Perez, terminated Hector Villanueva, Nora Hernandez, Karina Martinez in retaliation for their union support and participation in other protected concerted activities in violation of Act.
  • 2013-CE-048-VIS (Filed on: 10-17-2013) Basis of Charge: On or about October 2, 2013, and continuing to date, Gerawan Farming, Inc. through its owners, supervisors, forepersons, farm labor contractors, and/or agents has unlawfully laid off at least eleven (11) crews, approximately ranging from eighteen (18) to sixty (60) workers each, and replaced them with new hires in an attempt to discourage the workers from continuing their affiliation and support of the union. This type of retaliation has a chilling effect on worker’s right to freely support the union, which is a grave violation of the Act. This action also constitutes a unilateral change in violation of the Act because the lay off and new hiring was done without providing notice and an opportunity to bargain to the UFW.
  • 2013-CE-049-VIS (Filed on: 10-29-2013) Basis of Charge: On or about October 25, 2013, and continuing to date, Gerawan Farming, Inc., through its supervisors, agents, and/or representatives has continued to coerce workers into attending anti-UFW demonstrations, which is a violation of workers’ rights under the Act.
  • 2013-CE-051-VIS (Filed on: 11-4-2013) Basis of Charge: On or about October 2, 2013, and continuing to date, Gerawan Farming, Inc., through its supervisors, agents, and/or representatives willfully arranged for persons to become employees for the primary purpose of signing decertification petitions and for the purpose of voting in elections in violation of the Act.
  • 2013-CE-054-VIS (Filed on: 11-22-2013) Basis of Charge: On or about October 25, 2013, and continuing to date, Gerawan and Petitioner Silvia Lopez, through their agents, representatives, attorneys, and others have interfered with employee rights to support or not support decertification efforts by engaging in prohibited ex parte communications with ALRB members or their agents, and/or giving the appearance of such ex parte communications with ALRB members or their agents, and thereby impermissibly influencing the election and election process.
  • 2013-CE-055-VIS (Filed on: 11-26-2013) Basis of Charge: On or about October 2013, and continuing thereafter, the above named employer through its officers, agents, and representatives, including but not limited to forepersons Martin Elizondo, Esteban Cruz, Francisco Mendoza and Supervisor Lucio, interrogated Gerawan employees about their union support. Such interrogation and conduct interferes with, restrains and coerces employees of their rights guaranteed under the Act. On September 9, 2014, the charge went to complaint.
  • 2013-CE-056-VIS (Filed on: 11-26-2013) Basis of Charge: On or about November 4, 2013, the day before the election, the above named employer through its agents, representatives, supervisors, and foreman, interfered with, restrained and coerced its employees by distribution of, encouraging the distribution of, and/or distributing altered ALRB ballots intended to mislead workers into believing that the state and/or the ALRB endorsed a “No Union” vote. Such actions do not allow Gerawan employees to freely exercise their rights in supporting the UFW, and are violations of the act.
  • 2013-CE-057-VIS (Filed on: 11-26-2013) Basis of Charge: On or about July, 2013, and continuing since, the above named employer, has interfered with, restrained, and coerced its employees in the exercise of their rights under the Act through several threats made by its supervisors, foremen, and/or agents, and representatives in violation of the Act. These threats include but are not limited to threatening workers with closure of the farm if the Union ʺwas successful [in coming in]ʺ; threatening to cut down and/or discontinue operations; threats that the company would declare bankruptcy if the Union “was successful [in coming in]”; threats in the reduction of work hours the following year; threats of a reduction of the work force as a punishment for union support; and threats of non-rehire of union supporters.
  • 2013-CE-058-VIS (Filed on: 11-26-2013) Basis of Charge: On or about October 25, 2013, the above named employer through its supervisors, representatives, and agents, has interfered with, restrained and coerced its employees by granting an unlawful wage increase to its packing workers prior to an election; thereby coercing workers in the exercise of their rights to support or not support UFW, in violation of the Act. On September 9, 2014, the charge went to complaint.
  • 2013-CE-059-VIS (Filed on: 11-26-2013) Basis of Charge: On or about November 1, 2013, the employer through its agents, representatives and forepersons including but not limited to, Human Resources Director, Jose Erevia, and foreman Gabriel (last name unknown) unlawfully encouraged, endorsed and/or acquiesced in the threatened use of violence on Gerawan employees that are UFW supporters, by allowing anti-union workers to threaten the UFW supporters with physical violence in the presence of other workers, and in violation of company rules, in order to frighten, intimidate and otherwise discourage the workers to exercise their right to freely choose to support the union, in violation of the Act.
  • 2013-CE-060-VIS (Filed on: 11-26-2013) Basis of Charge: On or about October 25, 2013, the above named employer through its supervisors, representatives, and agents, unilaterally implemented a wage increase for its packing workers, without providing the UFW with notice or an opportunity to bargain over this change. While all Gerawan workers deserve wage increases, Gerawan is required to bargain with the UFW over any changes such changes. These actions constitute violations of the Act. On September 9, 2014, the charge went to complaint.
  • 2013-CE-062-VIS (Filed on: 12-11-2013) Basis of Charge: On or about July 2013, and continuing thereafter, the above named employer through its supervisors, representatives, and agents, unilaterally implemented a new “Employee Discount Program,” provided new benefits and/or changed its medical proved network for its employees, thereby restraining and coercing its employees in the exercise their rights regarding whether or not to support the UFW, in violation of the Act. On September 9, 2014, the charge went to complaint.
  • 2013-CE-063-VIS (Filed on: 12-11-2013) Basis of Charge: On or about July 2013, and continuing thereafter, the above named employer through its supervisors, representatives, and agents, unilaterally implemented a new “Employee Discount Program,” provided new benefits and/or changed its medical proved network for its employees, without providing the UFW with notice or an opportunity to bargain over this change. Gerawan is required to bargain with the UFW over any such changes. These actions constitute violations of the Act. On September 9, 2014, the charge went to complaint.
  • 2013-CE-064-VIS (Filed on: 12-23-2013) Basis of Charge: On or about November 15, 2013, and continuing to date, the above named employer, through its officers, agents, and representatives, failed to recall workers, Rafael Marquez, Teresa Ajca, Elias Hernandez, Fidel Lopez, Eleazar Mulato, among others, in retaliation for their union support, and protected concerted activities in violation of Act.
  • 2014-CE-003-VIS (Filed on: 1-31-2014) Basis of Charge: On or about November 20, 2013 and continuing to the present, Gerawan Farming, Inc., through its owner Dan Gerawan and others, has violated the ALRA by refusing to implement and abide by the collective bargaining agreement ordered by the mediator and ordered into effect by the ALRB on November 19, 2013.  This is a violation of section 1153(a), (c), and (e) of the ALRA. On April 4th, 2014, the charge went to complaint.
  • 2014-CE-013-VIS (Filed on: 7-15-2014) Basis of Charge: On or about July 1, 2014, and continuing to date, the employer, Gerawan Farming Inc., has unlawfully discriminated against Farm Labor Contractor employees working on farms by refusing to negotiate wage rates over FLC employees, and/or refusing to apply negotiated wage rates to FLC employees, and/or only negotiating wage increases for direct hire employees.  Currently, FLC employees are paid at the wage rate of $9 per hour.  Meanwhile, direct hire employees receive a wage starting at $11 per hour, creating a wage disparity of $2 between FLC and direct hire employees.  This exclusion of FLC employees is discriminatory, arbitrary and contrary to the clear language of the Act which requires that the company bargain over all its employees, including FLC employees.
  • 2014-CE-015-VIS (Filed on: 7-28-2014) Basis of Charge: On July 25, 2014, Gerawan Farming, Inc. terminated Pablo Gutierrez Arreola because of his union support. He was told he was terminated for taking a picture or video at Gerawan Farming, Inc. in pretext for his union activity.
  • 2014-CE-016-VIS (Filed on: 7-31-2014) Basis of Charge: On or about July 25, 2014, the above named employer through its officers, agents and representatives, including foreman Jose Manuel Ramos, unlawfully threatened worker Santos Moreno with termination for his participation in union activities and other protected concerted activities during Santos Moreno’s lunch break in violation of the act.
  • 2014-CE-021-VIS (Filed on: 9-3-2014) Basis of Charge: On or about June 2, 2014, Gerawan Farming Inc., through its owners, supervisors, agents, representatives, and/or forepersons, including foreman Martin Elizondo, terminated Jorge Aguirre in retaliation for his union support and participation in other protected concerted activities in violation of Act.
  • 2014-CE-022-VIS (Filed on: 9-3-2014) Basis of Charge: On September 01, 2014, Gerawan Farming, Inc. suspended Alberto Bermejo from work for a period of one day in retaliation for his union support.
  • 2014-CE-023-VIS (Filed on: 9-9-2014) Basis of Charge: On or about June 10, 2014, and continuing to date, the above named employer has refused to provide to UFW relevant and requested information in relation to the employer’s crop planting in violation of the Act.
  • 2014-CE-024-VIS (Filed on: 9-9-2014) Basis of Charge: On or about August 6, 2014, and continuing to date, the above named employer has refused to provide information in relation to the employer’s health care plan to UFW, who is the exclusive certified bargaining representative, in violation of the Act.

MMC

  • 2013-MMC-003 (Filed on: March 29, 2013) The UFW filed a declaration requesting MMC with Gerawan. The Board referred the UFW and Gerawan to MMC on April 16, 2013. On September 28, 2013, the Mediator submitted his report to the Board. The Board’s decision and order was issued on October 25, 2013 asking the mediator to clarify a few issues. Goldberg issued his supplemental report on November 12, 2013. On November 19, 2013, the Board issued its final decision and order and the second report was to take immediate effect.

CIVIL

  • ALRB v. Gerawan Farming, LLC 13CECG02594 (Filed on August 19th, 2013) ALRB filed for injunctive relief to put a halt to the Employer’s assisting in the collection of signatures in attempt to decertify the UFW. On September 16, 2013, the Fresno court ordered Gerawan and its agents to cease and desist from approving, encouraging, and circulating a decertification petition among its employees; to cease and desist from interrogating employees about their union sympathies; and to cease and desist from threatening employees with job loss for supporting the Union.