MARYSVILLE (California) APPEAL-DEMOCRAT

August 31, 2009

 

Farmworker union bill lives, dies with governor

 

By Howard Yune

Farmworker union organizers in California hope the third time is the charm as a bill to ease the organizing of laborers awaits the governor's signature.

Within two weeks, Arnold Schwarzenegger will decide the fate of a bill to replace secret-ballot elections with a "card-check" system allowing a union to represent workers simply by having more than half a workforce sign cards in its favor, then sending the results to the state labor board.

The governor vetoed similar bills in 2007 and 2008.

The card-check proposal cleared the Senate this spring, then won Assembly approval Thursday on a party-line 46-28 vote — over the objections of many rural lawmakers and growers. Supporters, including the United Farm Workers, say the new system is needed to stop farmworkers and other employers from firing or blackballing union organizers or supporters before an election.

Assemblyman Dan Logue, however, repeated skeptics' fears the loss of secret ballots could foster harassment of a different target — laborers voting against unionization with the full knowledge of their peers.

"What we want is to protect those employees so that they can vote without intimidation, without someone looking over their shoulder," Logue, R-Linda. "... That's how we vote for president, that's how we vote for governor and that's how they should vote on whether to unionize."

"It's an invasion of privacy; you're forcing people to do something you want them to do," said Sarb Johl, a District 10 peach farmer who employed about 80 workers for this summer's harvest. "It's just overreaching."

However, examples of laborers' poor working conditions on farms — such the heat-stroke death of 17-year-old Maria Isabel Vasquez Jimenez last year in Merced County — highlight the need to ease unions' path into farms.

"We hope that after he saw that was the case, that the bill can give farmworkers a fair chance to organize so they can enforce the laws in the field," said Merlyn Calderon, the UFW's political director in California, who dismissed predictions that unions would intimidate their opponents.

Most federal worker protections do not extend to farmworkers, who were left out of the National Labor Relations Act passed in 1935. Safeguards for California farm laborers have come from state law since the mid-1970s.

With no action from Schwarzenegger due until next week, a spokesman for the governor gave few clues whether the latest bill could win his approval when previous ones did not.

"While this bill is similar to (bills) he vetoed in the past, he will consider this bill on its own merits when making his decision," Mike Naple said Friday.