Ag labor union creation bill OK'd Assembly passes measure to let workers sign cards instead of voting in secret. By E.J. Schultz / Bee Capitol Bureau SACRAMENTO -- Legislation speeding toward Gov. Schwarzenegger's desk will force him to choose between the agriculture industry and the union representing its workers. Senate Bill 180, which cleared the Assembly on Thursday, would give farmworkers the option to unionize by signing cards instead of casting secret ballots. The bill, a top priority of the United Farm Workers union, is aimed at stopping companies from intimidating workers against joining a union. But industry leaders say workers already have adequate protections, and that the bill would expose workers to threats from unions. Under current law, farmworkers wishing to join a union must first submit a petition signed by a majority of employees. The state Agricultural Relations Board must then conduct a secret-ballot election within seven days. Labor leaders say that during the waiting period, businesses discourage yes votes by using tactics like threatening to close down if the union wins or firing or blacklisting pro-union workers. Such threats are against the law. Under SB 180, workers would have the option to unionize through "card-check" organizing. If a majority of workers sign cards, the union would be certified, as long as the results are verified by the state Agricultural Labor Relations Board. SB 180, by Sen. Carole Migden, D-San Francisco, passed the Assembly on a 45-33 vote. The bill next goes to the Senate, where lawmakers must agree to changes made in the Assembly. The upper house already passed the bill once and is likely to send it to the governor's desk. In the Assembly, Republicans voted no, arguing that the bill undermines the right of workers to a secret-ballot election. "We want to encourage democracy, and this goes the wrong way," said Assembly Member Rick Keene, R-Chico. Hanford Democrat Nicole Parra, who often sides with the agriculture industry, also voted no. Assembly Member Juan Arambula, D-Fresno, who grew up working the fields of the Central Valley, said farmworkers need the card-check option because they "are much more vulnerable to intimidation" than other workers. The attention now shifts to Schwarzenegger. He has not taken a position on the bill, but his administration's Labor & Workforce Development Agency earlier this year wrote a letter against the legislation. Arturo Rodriguez, president of the UFW, said he has personally lobbied the governor on the bill. "The governor right now has agreed to consider it, and we're anxious to continue the discussion," he said. "I think we have a chance to get this signed, because I think this governor wants to be known for helping farmworkers." Industry representatives have also stated their case to the Governor's Office. "The best way to determine the true intent of the employee is the secret ballot -- when you don't have the employer or the union looking over your shoulder," said Barry Bedwell, president of the California Grape & Tree Fruit League. Card-check organizing is not unprecedented. Some public sector employees are covered by the provision, including teachers and local government workers. The UFW is pushing for the change as the union struggles to duplicate the organizing success it had in its early years. The union won only a little more than half of all elections from 1990 to October 2005, according to data from the Agricultural Relations Board. |