Board overview | |
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Jurisdiction | California |
Board executive |
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Parent board | Labor and Workforce Development Agency |
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Website | www |
The Agricultural Labor Relations Board (ALRB) is an agency of the California state government that administers the California Agricultural Labor Relations Act, which establishes collective bargaining for farmworkers in the state. [1] The ALRB has two functions: To conduct, oversee, and certify representation elections, and to investigate unfair labor practice (ULP) charges and pursue remedies. [1] Administrative law judges and agency staff adjudicate most cases, with the five-member Board serving as a final arbiter. [1] The ALRB is overseen by the California Labor and Workforce Development Agency. [2]
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In 2013, farmworkers for one of California's largest fruit growers requested the ALRB to supervise an election to decertify the United Farm Workers as their representative, citing the union's failure to act in their interests. ALRB attorneys tried to prevent the decertification elections from taking place. A California state assemblyman representing the Central Valley area accused the ARLB of being a “rogue agency” that is “out of control.” [3] The ALRB's regional director tried to prevent the workers from voting, leading workers to sue the ALRB to force agency to permit them to choose whether or not to be represented by the UFW.
A California Superior Court judge hearing a related case said that “the ALRB seems to be pre-deciding” the farm workers’ election results. “So the Court is very suspect of . . . the ALRB’s position here. It almost seems like it’s in cahoots” with the UFW,” Judge Jeffrey Y. Hamilton, Jr., said. “You have a responsibility, unlike an advocate for one side, to bring out all of the evidence, not just evidence that is supportive of the UFW,” the judge said. “And it appears to the Court that’s what you’re doing.” [4]
The three-member ALRB ordered its legal team to permit the vote to proceed. After the vote, held on November 5, 2013, the ALRB general counsel prevented the farm workers’ votes from being counted, citing alleged irregularities and employer intimidation. The general counsel backed the ALRB regional director's move to lock the workers' ballots in a safe and did not count the votes. In 2014, a federal court gave the go-ahead for a farm worker to proceed with a lawsuit against the ALRB, for violating the workers’ Constitutional rights. [5]
In May 2014, the ALRB stated that it had no “timetable” for counting the votes, and later began proceedings to destroy the ballots before it could investigate the allegations it raised. News organizations cited the unusual slowness in the investigation, with a lead financial news service suspecting the general counsel's reluctance to count worker ballots that would reject the UFW. [6]
The ALRB's own in-house administrative law judge ruled on September 16, 2015, that the workers' ballots should remain uncounted and should be destroyed. [7]
A federal court found in July 2014 that the ALRB committed an “en masse segregation of voters” to intimidate the workers from de-certifying the UFW,[ disputed – discuss ] and that ALRB's regional director deliberately “delayed completion of his investigation” of alleged fraud and unfair labor practices in order to prevent a count of the workers’ ballots. [8]
As of May 2015, the ALRB general counsel had not permitted the votes to be counted, and was pressing an ALRB administrative judge to order the farm workers' ballots to be destroyed.
In a separate case, a three-judge panel of the California Court of Appeal ruled in May, 2015, that ALRB violated the law and the "equal protection principles of the U.S. Constitution by seeking to impose a contract on farm employers and workers. [9] ALRB said that it intends to appeal that ruling.
The ALRB was eventually forced to count the votes in the Gerawan case, with the result of a "No Union" vote, despite the board's many attempt to force unionization on the farmworkers.[ citation needed ]
Cesario Estrada Chavez was an American labor leader and civil rights activist. Along with Dolores Huerta, he co-founded the National Farm Workers Association (NFWA), which later merged with the Agricultural Workers Organizing Committee (AWOC) to become the United Farm Workers (UFW) labor union. Ideologically, his worldview combined leftist politics with Catholic social teachings.
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States that enforces U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935, the NLRB has the authority to supervise elections for labor union representation and to investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity.
The United Farm Workers of America, or more commonly just United Farm Workers (UFW), is a labor union for farmworkers in the United States. It originated from the merger of two workers' rights organizations, the National Farm Workers Association (NFWA) led by César Chávez and Dolores Huerta and the Agricultural Workers Organizing Committee (AWOC) led by organizer Larry Itliong. They allied and transformed from workers' rights organizations into a union as a result of a series of strikes in 1965, when the Filipino American and Mexican American farmworkers of the AWOC in Delano, California, initiated a grape strike, and the NFWA went on strike in support. As a result of the commonality in goals and methods, the NFWA and the AWOC formed the United Farm Workers Organizing Committee on August 22, 1966. This organization was accepted into the AFL–CIO in 1972 and changed its name to the United Farm Workers Union.
The International Brotherhood of Teamsters (IBT) is a labor union in the United States and Canada. Formed in 1903 by the merger of the Team Drivers International Union and the Teamsters National Union, the union now represents a diverse membership of blue- and white-collar workers in both the public and private sectors, totalling about 1.3 million members in 2015. The union was formerly called the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.
The National Labor Relations Board, an agency within the United States government, was created in 1935 as part of the National Labor Relations Act. Among the NLRB's chief responsibilities is the holding of elections to permit employees to vote whether they wish to be represented by a particular labor union. Congress amended the Act in 1947 through the Taft–Hartley Act to give workers the ability to decertify an already recognized or certified union as well. This article describes, in a very summary manner, the procedures that the NLRB uses to hold such elections, as well as the circumstances in which a union may obtain the right to represent a group of employees without an election.
Dolores Clara Fernández Huerta is an American labor leader and civil rights activist who, with Cesar Chavez, is a co-founder of the United Farmworkers Association, which later merged with the Agricultural Workers Organizing Committee to become the United Farm Workers (UFW). Huerta helped organize the Delano grape strike in 1965 in California and was the lead negotiator in the workers' contract that was created after the strike.
The Farm Labor Organizing Committee (FLOC) is a labor union representing migrant farm workers in the Midwestern United States and North Carolina.
The Texas Farm Workers Union (TFWU) was established by Antonio Orendain and farmworker leaders of the Rio Grande Valley active with the United Farm Workers after a disagreement with UFW leadership over direction of a melon strike in south McAllen, Texas, in 1975.
Philip Villamin Vera Cruz was a Filipino American labor leader and farmworker. He helped found the Agricultural Workers Organizing Committee (AWOC), which later merged with the National Farm Workers Association (NFWA) to become the United Farm Workers (UFW). As the union's long-time second vice president, he worked to improve the working conditions of migrant workers.
The Delano grape strike was a labor strike organized by the Agricultural Workers Organizing Committee (AWOC), a predominantly Filipino and AFL-CIO-sponsored labor organization, against table grape growers in Delano, California to fight against the exploitation of farm workers. The strike began on September 8, 1965, and one week later, the predominantly Mexican National Farmworkers Association (NFWA) joined the cause. In August 1966, the AWOC and the NFWA merged to create the United Farm Workers (UFW) Organizing Committee.
Eliseo Vasquez Medina is a Mexican-American labor union activist and leader, and advocate for immigration reform in the United States. From 1973 to 1978, he was a board member of the United Farm Workers. He is currently secretary-treasurer of the Service Employees International Union. He was previously an international executive vice president, the first Mexican American to serve on the union's executive board. Medina announced his resignation as an SEIU executive vice president effective October 1, 2013.
The Salad Bowl strike was a series of strikes, mass pickets, boycotts and secondary boycotts that began on August 23, 1970 and led to the largest farm worker strike in U.S. history. The strike was led by the United Farm Workers against the International Brotherhood of Teamsters. The Salad Bowl strike was only in part a jurisdictional strike, for many of the actions taken during the event were not strikes. The strike led directly to the passage of the California Agricultural Labor Relations Act in 1975.
The California Agricultural Labor Relations Act (CALRA) is a landmark statute in United States labor law that was enacted by the state of California in 1975, establishing the right to collective bargaining for farmworkers in that state, a first in U.S. history.
Modesto "Larry" Dulay Itliong, also known as "Seven Fingers", was a Filipino-American union organizer. He organized West Coast agricultural workers starting in the 1930s, and rose to national prominence in 1965, when he, Philip Vera Cruz, Benjamin Gines and Pete Velasco, walked off the farms of area table-grape growers, demanding wages equal to the federal minimum wage, that became known as the Delano grape strike. He has been described as "one of the fathers of the West Coast labor movement."
The Cannery and Agricultural Workers Industrial Union (CAWIU) was a Communist-aligned union active in California in the early 1930s. Organizers provided support to workers in California's fields and canning industry. The Cannery and Agricultural Workers Industrial Union (CAWIU) dated back to 1929 with the formation of the Trade Union Unity League (TUUL). With industrialization and the advent of the factories, labor started migrating into the urban space. An influx of immigrant workers contributed to the environment favorable to big business by increasing the supply of unskilled labor lost to the urban factories. The demand for labor spurred the growers to look to seasonal migrant workers as a viable labor source. Corporations began to look at profits and started to marginalize its workers by providing sub-par wages and working conditions to their seasonal workers. The formation of the Cannery and Agricultural Workers Industrial Union addressed and represented the civil rights of the migrant workers. Ultimately the CAWIU lost the battle, overwhelmed by the combined alliance of growers and the Mexican and state governments. The eventual abandonment of the Trade Union Unity League led to the dissolution of the CAWIU, which later emerged as the United Cannery, Agricultural, Packing, and Allied Workers of America (UCAPAWA).
Jessie Lopez De La Cruz was a Chicano American farm worker, the first female recruiter for the UFW, an organizer and participant in UFW strikes, a community organizer, a working mother, and a delegate to the 1972 Democratic National Convention. She ran the first UFW Hiring Hall, was an adviser to the California Commission on the Status of Women, and the secretary treasurer of National Land for People. Lopez-De La Cruz is also known for her work banning the short-handled hoe, her work educating fellow farm workers, her work promoting co-op farming, and her commitment to fighting injustice for the working poor.
Pat Chambers was an influential labor organizer and Communist Party member in the 1930s in California. He was a key figure in some of the largest California agricultural strikes of 1933. Chambers was the inspiration for the character "Mac" in John Steinbeck's 1936 novel, In Dubious Battle.
The Associated Farmers of California was an influential anti-labor organization in California between 1934 and 1939. Agricultural and business leaders formed the organization to counter growing labor activism in California. The AF was responsible for substantial violence in reaction to agricultural strikes; the creation of anti-picketing ordinances; and spying on the activities of labor organizations. After a US Senate investigation into its actions and the advent of WW2, it lost influence and eventually disbanded. “The reign of the AF would only come to an end when the LaFollette Committee turned its scrutiny towards its activities in 1939 and 1940." The committee's attention short-circuited the AF's attempt to expand across the United States.”
Cedar Point Nursery v. Hassid, 594 U.S. ___ (2021), was a United States Supreme Court case involving eminent domain and labor relations. In its decision, the Court held that a regulation made pursuant to the California Agricultural Labor Relations Act that required agricultural employers to allow labor organizers to regularly access their property for the purposes of union recruitment constituted a per se taking under the Fifth Amendment. Consequently, the regulation may not be enforced unless “just compensation” is provided to the employers.
Farmworkers in the United States have unique demographics, wages, working conditions, organizing, and environmental aspects. According to The National Institute for Occupational Safety & Health in Agricultural Safety, approximately 2,112,626 full-time workers were employed in production agriculture in the US in 2019 and approximately 1.4 to 2.1 million hired crop workers are employed annually on crop farms in the US. A study by the USDA found the average age of a farmworker to be 33. In 2017, the Department of Labor and Statistics found the median wage to be $23,730 a year, or $11.42 per hour.