The UFW Is Knocking – Now What!?
The Saqui Law Group is receiving reports the UFW, in connection with their filed Notices of Intent to Take Access (“Notice of Access”), has been calling employers and demanding under the threat of the Agricultural Labor Relations Act’s (“ALRA”) Unfair Labor Practice (“ULP”) mechanism that employers disclose all locations of all ranches and the times of employee lunch periods. This is not true.
Employers are not required to disclose information to the UFW. Any requests should be immediately referred to The Saqui Law Group.
Once a valid NA is filed with the ALRB, the UFW may take access to your agricultural operations 3 times daily: one hour in the morning before the start of work; one hour during the meal period; and one hour at the end of work.
While on the premises, please have your supervisory employees vacate the immediate area where organizers may be talking to workers or distributing literature. A safe distance is at least 100 yards. Additionally, please inform your supervisors not to interrogate workers about what the UFW has said or gave to them when the Union organizers leave. This would constitute an unfair labor practice.
If you use farm labor contractors, their employees will be deemed your employees for purposes of the ALRA. Therefore, please contact your labor contractor concerning access by Union organizers before they begin access. Be sure that the same rules that apply for your supervisory employees also apply for those of the farm labor contractor.
If you have rules in place with regard to signing in at a gate before accessing the ranch, please make sure that Union organizers sign in and have appropriate identification signifying that they represent the UFW. While on the premises, indicate to the Union organizers that they are not to access the actual rows where crops are grown and harvested. Also, driving vehicles on the company premises should be kept to no more than 1 to 2 miles per hour. You may want to document the names of the organizers who come to the ranch at the front gate.
During next week, it might be appropriate to have all of your gates locked with the exception of a main gate for ingress and egress of agricultural workers and Union organizers. Placing an hourly employee at the front gate would also be appropriate.
Date Employer and Case #
6/26/15 Corralitos Farms 2015-NA-005-SAL
6/26/15 Garroutte Farms Inc. 2015-NA-004-SAL
6/26/15 Ortega Berry Farms, LLC 2015-NA-003-SAL
6/25/15 Rocha Farms 2015-NA-002-SAL
6/25/15 Larse Farms Inc. 2015-NA-001-SAL
6/24/15 Rogina, Inc. 2015-NA-001-VIS
6/24/15 Live Oak Farms 2015-NA-002-VIS
Counsel to Management:
If the UFW – or any other union, organization, or agency, for that matter – shows up at the door, take the following actions immediately:
1) Demand to see their filed Notice of Access
-Remember, Notices of Access are not valid unless they are properly filed with the ALRB, contain a valid case number, signature, and a stamp in the upper right hand corner.
2) Send a copy of the Notice of Access, or any other documentation, to The Saqui Law Group immediately
3) Refer all future communications to The Saqui Law Group
Please contact The Saqui Law Group if you have any questions about your rights concerning union access on your property.