Agricultural Personnel Management Program
University of California

10/27/00 News Report -- Ventura County Star

The state's Agricultural Labor Relations Board has found enough evidence to prosecute Pictsweet Mushroom Farms on charges of unfair labor practices, including allegedly allowing a union decertification effort to take place during work hours.

The complaint filed against Pictsweet will be sent to an administrative judge for a hearing after the company files its response, said Kerry Donnell, regional director of the ALRB.

"We did find enough evidence to send the case to an administrative judge and the judge will determine who is telling the truth or not," Donnell said.

United Farm Workers official Lupe Martinez said the board hearing is a victory for the union. He said it also bolsters the union's assertion that the company is behind the decertification effort. Supervisors are prohibited from taking part in union activities and decertification efforts.

The union may also file a charge with the ALRB that alleges Pictsweet is not negotiating in good faith.

Pictsweet officials did not return phone calls, and workers who support decertification efforts could not be reached for comment Thursday.

Since January, the UFW has been trying to negotiate a contract with Pictsweet for better wages and benefits. UFW officials and workers say the company has not offered them anything significantly better than what they now have. Negotiations are continuing.

UFW workers also called for a boycott against Pictsweet products. Von's and Ralph's supermarkets have both stopped selling the company's mushrooms. About 15 workers have been laid off as a result of the loss of business.

The complaint cites nine instances in which Pictsweet supervisors allegedly acted unlawfully. They include:

•  In September, a supervisor allegedly told workers, "Everybody sign to kick out the union" as a decertification petition was being circulated during lunch. Many workers present signed. Another supervisor signed and also told workers to kick out the union.

• Two supervisors distributed checks and allegedly watched to see which workers were signing a decertification petition.

• Farm manager Ruben Franco allegedly told union workers, "If the UFW boycotts Ralph's, or if Ralph's stops buying, then the company will close. Right now the company has to lay off people. The union made this problem."

• A decertification worker allegedly collected signatures during work, which labor laws do not permit.

ALRB officials spoke to attorneys on both sides and took workers' declarations as part of the investigation. The UFW filed the charges.

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