Bedwell: Bill on Schwarzenegger's desk would strip farmworkers
Bedwell: Bill on Schwarzenegger's desk would strip farmworkers
FRESNO, CA -- SB 180, a bill recently passed by the California Senate and Assembly, has been sent to the governor's desk and is awaiting either his signature or his veto. The bill would strip farmworkers of their right to secret-ballot elections when deciding whether to unionize, according to Barry Bedwell, president of the California Grape & Tree Fruit League, here.
The league, along with several other farm groups, is urging Gov. Arnold Schwarzenegger to veto the bill, Mr. Bedwell said.
"Our main concern right now," at the state level, "is to make sure that we protect the rights of farmworkers to a secret ballot," he said. "SB 180 will hopefully be vetoed by the governor." There have been indications that the bill would be vetoed, he said, "but we take nothing for granted on that." The governor has until Oct. 1 to sign or veto the bill.
If signed into law, SB 180 "will change the Agricultural Labor Relations Act to allow for a card-check certification to certify unions," Mr. Bedlow said. The legislation will authorize farmworker unions to organize workers through signed membership cards without holding traditional elections.
"We think that is a fundamental flaw," he said. "A secret ballot is the best way to protect employees from intimidation, whether it be from the union or the employers."
United Farm Workers pushed for passage of the bill and is pressing for the governor's signature. The union has organized demonstrations in support of the bill in front of the governor's office. It is the UFW's contention, and that of the bill's sponsors and supporters, that secret ballots are intimidating and that being asked to sign a membership card is not.
Ironically, the UFW took the exact opposite position back in the 1970s, fighting hard for workers' right to a secret ballot, which is now in the current law.
According to a press release from Salinas, CA-based law firm Saqui & Raimondo, supporters of SB 180, anticipating a veto, have already introduced a virtually identical bill, SB 650, which differs from SB 180 only in that it contains a sunset clause. "Taking away the right to vote in a state-conducted secret-ballot election does not promote free choice under any standard," the release stated.
State Sen. Alex Padilla, a co-sponsor of SB 650, was quoted by the California Chronicle as saying that "both SB 180 and SB 650 promise greater worker protections for hundreds of thousands of California farmworkers. These bills would protect farmworkers from intimidation commonly experienced during traditional elections."
The California Chamber of Commerce did not agree, holding that "workers are better protected from interference and intimidation by casting their vote privately with a secret ballot. Taking away employees' access to that process is undemocratic."
Among the other organizations that have expressed opposition to SB 180 are the California Association of Winegrape Growers and the California Farm Bureau Federation.
CAWG President Karen Ross said in a statement on the organization's web site, "We have compelling arguments for the unfairness" of the legislation. The farm bureau's Friday Review for Sept. 14 noted that SB 650 was originally a transportation bill, but in "the final days" of the legislative session (which ended on Sept. 14), the bill "was gutted and amended to include the same language" as SB 180. "Farm bureau and other agricultural groups are vehemently opposed to SB 650 as well as SB 180 and are asking the governor to veto both measures."
The league, along with several other farm groups, is urging Gov. Arnold Schwarzenegger to veto the bill, Mr. Bedwell said.
"Our main concern right now," at the state level, "is to make sure that we protect the rights of farmworkers to a secret ballot," he said. "SB 180 will hopefully be vetoed by the governor." There have been indications that the bill would be vetoed, he said, "but we take nothing for granted on that." The governor has until Oct. 1 to sign or veto the bill.
If signed into law, SB 180 "will change the Agricultural Labor Relations Act to allow for a card-check certification to certify unions," Mr. Bedlow said. The legislation will authorize farmworker unions to organize workers through signed membership cards without holding traditional elections.
"We think that is a fundamental flaw," he said. "A secret ballot is the best way to protect employees from intimidation, whether it be from the union or the employers."
United Farm Workers pushed for passage of the bill and is pressing for the governor's signature. The union has organized demonstrations in support of the bill in front of the governor's office. It is the UFW's contention, and that of the bill's sponsors and supporters, that secret ballots are intimidating and that being asked to sign a membership card is not.
Ironically, the UFW took the exact opposite position back in the 1970s, fighting hard for workers' right to a secret ballot, which is now in the current law.
According to a press release from Salinas, CA-based law firm Saqui & Raimondo, supporters of SB 180, anticipating a veto, have already introduced a virtually identical bill, SB 650, which differs from SB 180 only in that it contains a sunset clause. "Taking away the right to vote in a state-conducted secret-ballot election does not promote free choice under any standard," the release stated.
State Sen. Alex Padilla, a co-sponsor of SB 650, was quoted by the California Chronicle as saying that "both SB 180 and SB 650 promise greater worker protections for hundreds of thousands of California farmworkers. These bills would protect farmworkers from intimidation commonly experienced during traditional elections."
The California Chamber of Commerce did not agree, holding that "workers are better protected from interference and intimidation by casting their vote privately with a secret ballot. Taking away employees' access to that process is undemocratic."
Among the other organizations that have expressed opposition to SB 180 are the California Association of Winegrape Growers and the California Farm Bureau Federation.
CAWG President Karen Ross said in a statement on the organization's web site, "We have compelling arguments for the unfairness" of the legislation. The farm bureau's Friday Review for Sept. 14 noted that SB 650 was originally a transportation bill, but in "the final days" of the legislative session (which ended on Sept. 14), the bill "was gutted and amended to include the same language" as SB 180. "Farm bureau and other agricultural groups are vehemently opposed to SB 650 as well as SB 180 and are asking the governor to veto both measures."
