University of California

9/15/98 -- Santa Cruz County Sentinel

UFW demands a quicker pace in Coastal Berry election probe

Tuesday, September 15, 1998

By MICHAEL MERRILL
Sentinel staff writer

Salinas — United Farm Workers members protested outside state Agricultural labor Relations Board regional headquarters Monday, accusing the state of dragging its feet in Investigating the Coastal Berry Co. election.

Union Vice President Efren Barajas said the UFW wants the ALRB to step up its investigation into complaints that it was illegally deprived of the right to organize workers at a Watsonville based strawberry company.

"We are trying to pin down (ALRB Regional Director Fred) Capuyan," said UFW Spokesman Marc Grossman. "It's been nearly two months and so far he's done nothing."

The union is demanding action on several unfair labor practice charges stemming from the June election when a newly formed labor organization, the Coastal Berry Farm Workers Committee, won the right to collectively bargain for company workers.

The ALRB has scheduled a hearing on one charge regarding complaints that several Coastal Berry workers in Oxnard were not notified of the election, for Sept 23.

The meeting between Capuyan and Barajas was conducted cordially, but several protesters accompanying him showed their growing frustration when Capuyan told them that the board was still considering the complaints, and would not finish the investigation for several more days.

"Something should be done for us now," one of the protesters said in Spanish. "We want this election thrown out so that we can organize without harassment."

Capuyan said that once the investigation is complete, the union may still not get what it is asking for.

"A number of the charges have already been completed," Capuyan told. The protesters. "By this week or early next week the committee will meet and make a disposition" He warned the delegation, however, that disposition may only be to gather more evidence and investigate further before rendering a decision.

Capuyan said the UFW was also contributing to the delay because it filed another petition for an election in Northern California.

"Elections have priority and it will interfere with the process," Capuyan said. "The election is in Mendocino and it will require a lot of travel time."

But the UFW representative insisted the investigation was taking too long.

"We think you have had enough or more than enough time to issue a complaint," Barajas told Capuyan. Those sentiments were echoed by several protesters, who said after the meeting that they believe Capuyan was using the Mendocino election as an excuse.

ALRB Executive Secretary Antonio Barbosa said the hoard received three sets of objections: one from the UFW, one from six Coastal Berry Workers, and one from the company's owner, Washington D.C.-based investor David Gladstone. He said some of the allegations have already been dismissed, including allegations that the farm workers committee forced the employer to sign an illegal access agreement. The ALRB also found no evidence that company foremen were weeding out UFW-friendly workers through selective hiring practices.

He has not yet made a ruling on a complaint that violence at one of the company's Watsonville farms was instigated by farm worker committee members.

Barbosa, said the board has still not determined if the UFW even has a right to file a complaint in the first place. Because state and federal rules differ on union elections, he said there is a possibility that all of the union's complaints may be deemed moot, because the union is not a direct party in the action.