Western Growers Advise
Western
Growers released the following post:
According to the letter, the UFW intends to file Notices of Intent to Take
Access with the Agricultural Labor Relations Board to take access on October 3,
4 and 5, 2013.
The
alleged purpose of the access will be to advise workers of the pending bipartisan
federal legislation to reform national immigration policy in Washington and to
mobilize workers to join a national “Day of Dignity and Respect” according to a
second flyer received from the UFCW Local 5 out of Salinas.
There
will be mobilizations in over 90 cities and workers are requested to attend one
of the over 100 events being planned across the state and nationally.
Should
the Union serve your company with a Notice of Intent to Take Access, please
note that the Union will not be allowed to take access until such time that you
receive notification from the Regional Director of the ALRB that the Access
Petition has been filed.
Secondly,
once properly filed, the UFW may take access to your agricultural operations
three times daily: One hour in the morning before the start of work; one hour,
which shall encompass the meal period; and one hour after the end of
work. Two organizers per crew up to 30 workers may take access; and one
additional organizer for every 15 additional workers. Organizers must wear a
badge identifying themselves by name and name of the union; and must identify
themselves upon request.
While
on the premises, please have your supervisory employees vacate the immediate
area where organizers may be talking to workers or distributing
literature. Supervisors should be out of eyeshot and earshot –a safe
distance is at least 100 yards. Additionally, please inform your
supervisors not to interrogate workers about what the UFW has said or gave to
them when the Union organizers leave. This would constitute an unfair
labor practice.
If
you use farm labor contractors, their employees will be deemed your employees
for purposes of the Agricultural Labor Relations Act. Therefore, please
contact your labor contractor concerning access by Union organizers before
they begin access. Be sure that the same rules that apply for your
supervisory employees also apply for those of the farm labor contractor.
If
you have on-farm rules (e.g., signing in at a gate before accessing the ranch,
food safety, speed limits) it is appropriate to consistently enforce these
rules with union representatives.
Finally,
workers should be advised that they are not required to sign union
authorization cards nor are they required to provide their home addresses and
telephone numbers if they are requested by UFW organizers as part of this
process.
WG
members are advised to inform their workers that through various local, state
and national agricultural organizations, your companies, individually and
through the Association, have been actively involved in securing immigration
reform, including obtaining legalization for current agricultural
workers. The U.S. agricultural industry has partnered with the UFW for
this express purpose. CLICK HERE if you wish to understand the
requirements of the ALRB’s access regulation.
If
you have any questions, please do not hesitate to contact WG’S Vice President
and General Counsel, Jason
Resnick.
Special thanks
to Rob Roy, who authored the original article from which this piece was adapted
with permission of VCAA.
Labels: ALRB, Day of Dignity and Respect, Jason Resnick, Notice of Intent to Take Access, UFW Action Update #2, UFW and California Farms, Western Growers Advise