Ag Alert. October 5, 2022

AB 2183 Continued from Page 1

simple things that might cause their em- ployees to seek help from outsiders,” Little said. “If you, as their employer, show them you already give them benefits, respect, flexibility, good work-life balance and solid communications, union agents won’t get the time of day from your employees.” Still, Norm Groot, executive director of the Monterey County Farm Bureau, said he is worried about rules in AB 2183 that restrict employers’ ability to present arguments against unionization. He said the measure “infringes on the rights of farm employers to discuss the changes that unionization makes to their employment and paychecks.” AB 2183 goes into effect Jan. 1, though its full impacts may not be felt until the Legislature approves the supplementary agreement to amend the bill. If approved next year, the agreement would go into

effect Jan. 1, 2024, or earlier if approved in a super-majority urgency vote. Once approved, unions will be able to serve employers with organizing peti- tions signed by a majority of workers on the same day the petitions are filed with the Agricultural Labor Relations Board. Employers then have 48 hours to file a re- sponse and provide the board full names, street addresses, telephone numbers and job classification details on all employees. Johansson said the Farm Bureau and agricultural groups will continue to fight for revisions to the bill. “There are steps we can take,” Johansson said. “Just because the bill is signed doesn’t mean the discussion is over.” (Peter Hecht is chief editor of publications for the California Farm Bureau. He may be contacted at phecht@cfbf.com.) FSA said it anticipates the program will launch in spring 2023. To submit public com- ments by Oct. 24, go to www.federalregister. gov/documents/2022/09/23/2022-20677/ request-for-information-and-stakeholder -listening-sessions-on-farm-labor -stabilization-and. (Christine Souza is an assistant editor of Ag Alert. She may be contacted at csouza@cfbf.com.)

coercion by any interested party.” In his statement, Puglia said the AB 2183 signing “will unleash a relentless cam- paign of union pressure and harassment.” Ian May, president of the California Fresh Fruit Association, took issue with a “legislative fix” for the bill “being drafted behind closed doors with no opportunity for input by all stakeholders.” “If this is any example of how this bill will be implemented, agricultural employers throughout California will have no say in their future,” May said in a statement. Bryan Little, chief operating officer of the Farm Employers Labor Service and Farm Bureau’s director of labor affairs, said many agricultural employers offer “a solid package of benefits,” including 401 (k) plans and other programs for workers. The Farm Bureau is also partnering with the National Immigration Forum in a program that covers costs of citizenship application services and counseling for eligible employees of more than 30,000 Farm Bureau members. Only a small fraction of California’s estimated 500,000 agricultural workers are unionized. Little said employees with positive working relationships with agri- cultural businesses are unlikely to want to give up the 3% of their salaries in union dues for benefits they already have. “The fact is employers, including ag employers, may get a union if they ignore

an election supervised by the Agricultural Labor Relations Board, free from undue influence,” Borden said. A year ago, Newsom vetoed a similar bill, AB 616, saying it would have created a “ballot-card” election “with inconsisten- cies and procedural issues” related to the collection of votes. “The case has been reiterated over and over again by multiple governors—Gov. (Arnold) Schwarzenegger, Gov. (Jerry) Brown and even last year with the veto,” Johansson said. “So we’re a little confused as to what changed.” Newsom faced heightened pressure from Democratic leaders. Most notably, President Joe Biden issued a Labor Day statement, urging Newsom to sign the bill, which he did on Sept. 28. “California’s farmworkers are the lifeblood of our state, and they have the fundamental right to unionize and advocate for them- selves in the workplace,” Newsom said in a statement that gave tribute to historic farm labor organizers, including Cesar Chavez. That drew a sharp reaction from Dave Puglia, president and CEO of Western Growers. Puglia argued that Chavez fought for passage of the state Agricultural Labor Relations Act, which gave farmworkers the right to orga- nize with “the guarantee of free and fair elections shielded from intimidation and

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in this system for decades and can pro- vide a more exhaustive overview of the challenges plaguing the system,” Viohl said. “It is our hope that the USDA will find ways to solicit feedback and techni- cal support from this area of the industry in order to more successfully overcome these issues.”

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October 5, 2022 Ag Alert 17

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