FRIDAY FLURRY: UPDATES ON THE NEWS FROM THIS WEEK

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08/23/2017

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FRIDAY FLURRY: UPDATES ON THE NEWS FROM THIS WEEK

California Supreme Court to hear Gerawan Farming v. ALRB Case

By: Kevin Cleveland

In the next step of the ongoing legal battle between Gerawan Farming, the Agricultural Labor Relations Board (ALRB), and the United Farm Workers of America, the case has been set for oral arguments by the California Supreme Court on September 5, 2017, at 9:00 a.m., in San Francisco.  Oral arguments should provide a glimpse of how the Court will likely come down in its decision.  Once this matter is decided the industry will (hopefully) finally have an answer to the following questions: 1) Is the Mandatory Mediation and Conciliation process required by the ALRB lawful?; and 2) Can an employer oppose a certified union’s request for referral to the Mandatory Mediation and Conciliation process by asserting that the union has abandoned the bargaining unit?  For now the industry will anxiously await the answers to these questions which have been at the center of one of the most public and contentious legal battles in recent memory.

Iraqi War Veteran Selected To Final EEOC Seat

By: Gregory Blueford

Earlier this week, President Trump selected military veteran Daniel Gade (“Gade”) to fill the final open seat on the five-member Equal Employment Opportunity Commission. Gade retired from the Army as a lieutenant colonel earlier this year and has also been a professor at the U.S. Military Academy where he taught political science and leadership courses. During his service in Iraq, Gade was wounded twice, which led to the loss of his right leg.

In addition to his military service, Gade was an advisor in the most recent Bush administration, working on policy issues regarding veterans, military health care, and disability policy. Gade would be the only non-lawyer on the Commission – however, Gade holds a Masters’ Degree and Ph.D. in public administration and policy from the University of Georgia.

Once Gade is confirmed, Gade will make the third Republican on the five-seat EEOC, giving the President and Republicans control of the EEOC. Under new leadership, the federal agency is expected to adopt a more employer-friendly posture and to file fewer lawsuits than it did under the prior administration. Because Gade has little experience dealing with employment-related issues in the private sector, it remains to be seen how his previous military career will affect his views going forward.

H-2C Program On Hold During Recess

By: Rebecca Hause-Schultz

As we previously reported here, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) plans to introduce a bill to the U.S. House of Representatives that would overhaul the current H-2A program with a goal of eliminating certain requirements of the H-2A program currently in place. However, as Congress left town for the rest of summer, the bill is now on hold.

COUNSEL TO MANAGEMENT:

As predicted, this bill has a long way to go before passing. We will keep you updated as the bill progresses when Congress returns. If you have questions about what to do if the DOL issues a violation to your company or about potential violations that H-2A employers are subject to, contact the experts at The Saqui Law Group.

 

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