UFW Exploits Farm Worker Death for Political Agenda

By Michael C. Saqui and Anthony P. Raimondo

The United Farm Workers of America (UFW) has already begun exploiting the heat death of Maria Isabel Vasquez Jimenez for its political ends. At a rally on June 4 at the State Capitol in Sacramento UFW President Arturo S. Rodriguez urged the crowd to support legislation that would make it easier for farm workers to unionize.

The details of the proposed legislation have yet to be announced by the UFW. According news reports, the UFW wants current laws changed to allow farm workers to vote on unionizing from their homes or polling stations. Currently, most union elections are held at work sites in order to encourage voter participation and to provide the state with greater control over the integrity of the voting area.

It is expected that Fabian Nuñez will introduce the legislation as an amendment to S.B. No. 2386. Nuñez represents the 46^th district (Los Angeles) at the State Assembly. Earlier this year Nuñez introduced A.B. 2386: An act to amend sections 1143 and 1161 of the Labor Code. In its current version, A.B. 2386 would require the ALRB to include information concerning the status of the Agricultural Employee Relief Fund (AERF) in its yearly report to the Legislature and the Governor. The current law does not include the status of the AERF in the list of matters that must be included in the ALRB’s written report to the Legislature and Governor at the end of each fiscal year. UFW allies in the legislature have often entirely rewritten pending bills to incorporate major changes to laws governing union organizing and collective bargaining in order to introduce radical changes under cover of seemingly minor legislation.

The UFW has continued to utilize this tragedy in a campaign of shameless self promotion that began with draping the deceased worker’s casket in a UFW flag, despite the fact that there have been no reports that she supported the union or had any contact with it. The union continues to show its true colors by exploiting the tragic death of a young woman to promote its own political goals – namely to make it easier for the UFW to manipulate the process to gain the right to represent farm workers. The fact remains that the UFW has failed to present a message that is appealing to farm workers, and workers continue to reject the union. More and more, the UFW is losing representation elections, and each year more workers who have worked under UFW contracts vote to get rid of the union. Sadly, the UFW will use this tragedy to promote its anti-democratic political agenda of modifying existing union organizing laws to tilt the playing field against worker free choice and in favor of union representation.

COUNSEL TO MANAGEMENT:

Employers should expect to see increased UFW activity and should be sure that they are familiar with their rights and obligations under the Agricultural Labor Relations Act. A union avoidance strategy should be in place, and all supervisors should be properly trained on how to handle visits from union organizers, and how to talk to workers about the union.

This incident is a reminder that growers should make sure that they are complying with heat-illness prevention regulations by reviewing onsite conditions and written protocols. Heat stress training for workers and supervisors should be documented, and written emergency response procedures must be in place. The political pressure on Cal/OSHA to enforce heat stress rules will be high this year, and the agency will be unforgiving on even technical violations.

All agricultural employers must keep in mind that the union will use a single incident to smear an entire industry, and will use anything they can to gain the upper hand with workers.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Saqui & Raimondo at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento.