Farm labor board rules Gerawan guilty of ‘extensive’ and ‘illegal misconduct’ in violating state lab
Source: UFW
ALRB’s 81-page judgment affirms a state judge’s 130-page opinion that the huge grower “unlawfully inserted itself into the electoral process’
Board chairman cites principle that prohibitions on ‘oppressive tactics’ need to be applied to relations between employers and workers
The full Agricultural Labor Relations Board issued a unanimous 81-page decision on Friday, April 15 decisively affirming the 192-page Sept. 17, 2015 opinion by an ALRB administrative law judge finding the giant Fresno-based tree fruit grower Gerawan Farming Inc. guilty of “commit[ing] numerous” violations of California labor laws (P. 68). Judge Mark R. Soble ruled last year after hearing sworn testimony from 130 witnesses in 2014 and 2015. The ruling by the Sacramento-based ALRB sets aside the Nov. 5, 2013 election to attempt to decertify the United Farm Workers and dismisses the decertification petition. Ballots from that vote were not counted. (Page citations follow excerpts from the ALRB judgment.)
The ALRB decision orders Gerawan to “cease and desist from aiding, assisting, participating in or encouraging any decertification campaign and…interfering with, restraining, or coercing any agricultural employees in the exercise of their rights” under the farm labor law. (P. 69).” For the entire official decision, see: https://alrb.ca.gov/content/news/news.shtml#Gerawan and
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In his concurring opinion, ALRB Chairman William B. Gould IV wrote, “The voluminous record and numerous findings of the [administrative law judge] in this case clearly established the illegal conduct of Gerawan, and the fact that it is guilty of extensive misconduct under the ALRA [Agricultural Labor Relations Act] (P. 79).” “The record of illegal misconduct in this case by which conduct the employer unlawfully inserted itself into the electoral process through a variety of means…is amply documented by the thorough, deliberate and carefully balanced findings and conclusions of the [judge] (P. 79).” Gould was also chairman of the National Labor Relations Board under President Bill Clinton.
FULL story at link.
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