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A RESOLUTION
21-99
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
May 5, 2015
To declare the sense of the Council to call upon Gerawan Farming to cease violating California state and federal laws relating to labor relations, anti-discrimination, and minimum wage/hour compliance.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Sense of the Council Regarding Gerawan Farming Resolution of 2015”.
Sec. 2. The Council finds that:
(1) The violations of California and federal labor laws by the 5,000 employee Gerawan Farming agricultural corporation, one of the nation’s largest grape and tree fruit producers, epitomizes the agricultural industry’s defiance of farm workers’ rights to organize and negotiate union contracts, despite California’s 1975 Agricultural Labor Relations Act that guarantees those rights.
(2) Since 1990, when Gerawan Farming farm workers voted in favor of the United Farm Workers of America (“UFW”) in a state-conducted secret-ballot election, the last major organizing drive under the leadership of Cesar Chavez, Gerawan Farming has thwarted farm worker efforts to negotiate a union contract.
(3) In 2013, farm workers at Gerawan Farming invoked a California law that allows neutral, state-appointed mediators to decide union contracts when employers refuse to sign them, and in late 2013, the state Agricultural Labor Relations Board (“ALRB”) ordered that the three-year contract was to take immediate effect.
(4) Since farm workers requested a state mediator, the ALRB general counsel has filed five complaints – tantamount to indictments – accusing Gerawan Farming of “illegally excluding some of its farm workers from the benefits of a [union contract]”, illegally “instigating and encouraging the gathering of signatures” on petitions to decertify the UFW, “unlawfully interrogating workers about their union activities” and conducting surveillance of workers, “failing to bargain in good faith with its employees’ union”, “intimidating [employees] in the exercise of their right to participate in negotiations”, and “failing” to implement the state-issued union contract.
(5) Under the contract terms set by the state mediator, between July 2013 and July 2014 most Gerawan Farming farm workers would have earned approximately $1,480 in additional money each, based on a 54-hour work week, plus additional pay increases and benefits scheduled to take effect over the duration of the agreement.
(6) Gerawan Farming’s refusal to implement the union contract means its roughly 5,000 employees have not been paid many millions of dollars they are owed from July 2013 to July 2014, and many millions of dollars more over the duration of the contract
(7) Gerawan Farming’s first attempt to decertify the UFW in September 2013 was dismissed by the ALRB regional director after an investigation exposed “a large number of forged signatures” and “significant unlawful assistance by the employer in the circulation of the petition.” A second petition was dismissed by the regional director, who cited recent outstanding complaints against Gerawan Farming for serious and repeated violations of the law, so much so that “a free and uncoerced” election was “impossible.”
(8) Gerawan Farming products are readily available in grocery stores across the District.
Sec. 3. It is the sense of the Council that:
(1) Gerawan Farming meet such basic standards of conduct as refraining from violating state and federal laws regarding labor relations, anti-discrimination, and minimum wage and hour requirements, and to respect the legal rights of its employees.
(2) Gerawan Farming come into compliance with the laws of the State of California and the federal government with respect to all business conducted with any District government agency, commission, or office.
Sec. 4. The Chairman shall transmit copies of this resolution, upon its adoption, to the Governor of the State of California, the Attorney General of the State of California, the Fresno County District Attorney, and the California Agricultural Labor Relations Board.
Sec. 5. This resolution shall take effect immediately upon the first date of publication in the District of Columbia Register.
