Advice for Farm Employers
use of the "Notice of Intent to Take Access" mechanism of the ALRB
regulations opens agricultural employers to possible allegations of unfair
avoid problems, farm employers should remember some basic rules about dealing
with UFW staff and volunteers:
UFW agents are lawfully entitled to
take access only after the union has filed with the regional ALRB office a
Notice of Intent to Take Access and has served a copy of that notice on the
UFW agents may take access only for
one hour in the morning before work begins, one hour at the meal period, and
one hour at the end of work.
While UFW organizers are on site,
have supervisory personnel stay away from the area where workers and organizers
are talking or distributing literature.
Make sure supervisors do not
interrogate workers about what was said or what UFW organizers gave them; this
opens you up to a potential unfair labor practice charge.
Inform any farm labor contractors
working on site about the situation; the FLC's workers are considered your
employees under the Agricultural Labor Relations Act.
If you require access through a
specific gate and require visitors to sign in, you can insist that UFW visitors
do so. You can limit them from entering actual rows where crops are
produced; limit the speed of vehicles to 1 to 2 miles per hour; document the
names of organizers even if you don't require visitors to sign in.
If you have fences with gates, it is
advisable to keep them locked and direct visitors to the main gate.
If you have further
questions or concerns, please contact FELS at 800-753-9073
Labels: Advice for Farm Employers, UFW Action Update, UFW and California Farms, UFW trespass, What Should an Ag Employer do?