The Fantastic Co. is escalating its battle in opposition to unionization of its job websites, trying to halt a brand new state regulation meant to streamline the farmworker unionization course of, two months after the United Farm Employees utilized the supply to turn into the collective bargaining consultant for workers of the corporate’s huge grapevine nursery in Kern County.
Fantastic, the $6 billion agricultural powerhouse owned by Stewart and Lynda Resnick, mentioned Monday it’s suing the state Agricultural Labor Relations Board, difficult the constitutionality of the state’s so-called card-check system, which Gov. Gavin Newsom signed into regulation in 2022. Beneath its provisions, a union can arrange farmworkers by inviting them to signal authorization playing cards at off-site conferences, with out notifying an employer, moderately than voting by secret poll at a delegated polling place.
The corporate, whose portfolio consists of such well-known manufacturers as FIJI Water, Fantastic Pistachios and POM Fantastic, alleges in its lawsuit that the regulation deprives employers of due course of on a number of fronts. Amongst them: forcing an organization to enter a collective bargaining settlement even when it has formally appealed the ALRB’s certification of a union vote and offered what it believes is proof that the voting course of was fraudulent.
Fantastic mentioned it was compelled to file its lawsuit now as a result of, beneath the card-check regulation, the corporate faces a June 3 deadline to achieve a collective bargaining settlement or have one dictated by the ALRB.
“Having been compelled right into a constitutionally illegal process that imposes a constitutionally illegitimate certification, Fantastic has no significant strategy to receive plain, speedy or full aid apart from by means of an order of this Court docket declaring that, on its face, [this section of the labor code] is unconstitutional,” the lawsuit mentioned.
The lawsuit, to be heard in Kern County Superior Court docket, seeks to enjoin the ALRB from implementing the card-check regulation’s provisions.
The ALRB didn’t instantly reply to the The Instances’ request for remark.
A spokesperson for Newsom’s workplace mentioned workers members have been nonetheless reviewing the criticism, however included within the response Newsom’s feedback when he signed the laws. “California’s farmworkers are the lifeblood of our state, and so they have the basic proper to unionize and advocate for themselves within the office,” his assertion mentioned partly.
UFW spokesperson Elizabeth Strater mentioned the union was not shocked by Fantastic’s transfer.
“That is an unlucky tactic, however it’s not stunning,” Strater mentioned. “They’ll do just about something to forestall staff from being empowered.”
William B. Gould IV, a professor of regulation emeritus at Stanford Legislation College, described the card-check system as “a wonderful statute to problem” due to the confusion and ambiguity surrounding a few of its provisions and the “potential for contacts between organizers and staff” that would elevate questions on whether or not staff have been appearing with free alternative.
Whereas he predicted Fantastic would have a “troublesome time” making its case in California, he mentioned the corporate could possibly be aiming to take its argument to the conservative-leaning U.S. Supreme Court docket.
“To paraphrase Frank Sinatra, now we’re in a scenario the place something goes,” mentioned Gould, who served as chair of the ALRB from 2014 to 2017.
The lawsuit is the newest salvo in what’s been a tumultuous dispute over the UFW’s unionization marketing campaign on the nation’s largest grapevine nursery.
In late February, the union filed a petition with the labor relations board, asserting {that a} majority of the 600-plus farmworkers at Fantastic Nurseries in Wasco had signed authorization playing cards and asking that the UFW be licensed as their union consultant.
Inside days, Fantastic hit again with an explosive allegation: The corporate accused the UFW of baiting farmworkers into signing the authorization playing cards whereas serving to them apply for $600 in federal aid for farmworkers who labored through the pandemic. And it submitted practically 150 signed declarations from nursery staff saying that they had not understood that by signing the playing cards they have been voting to unionize.
The ALRB acknowledged receiving the employee declarations; nonetheless, the regional director of the labor board moved ahead three days later to certify the union’s petition. She has mentioned in subsequent hearings that she felt she needed to transfer shortly beneath the timeline specified by the card-check regulation, and that on the time she didn’t suppose the statute approved her to research allegations of misconduct.
Fantastic appealed the certification, alleging the UFW engaged in fraud to acquire worker signatures on authorization playing cards. The UFW countered that Fantastic had intimidated staff into making false statements and had introduced in a labor marketing consultant with a repute as a union buster to control their feelings within the weeks that adopted.
A listening to on Fantastic’s objections has been taking part in out earlier than an unbiased listening to examiner for the previous three weeks. The lawsuit seeks to pause the listening to, pending the result of the card-check swimsuit.
The UFW, in the meantime, is pursuing its personal criticism in opposition to Fantastic. The union has filed a proper criticism of unfair labor practices with the ALRB, alleging Fantastic held necessary conferences the place firm leaders urged staff to reject the union, circulated an anti-union petition and misrepresented the union’s intentions.
