The 7th annual AgFresno Ag Employers' Seminar is dedicated to coverage of the Agricultural Labor Relations Act. Presenters are from the Agricultural Labor Relations Board (ALRB).
ALRB philosophy is that "proactive dispute avoidance and resolution of disputes at the earliest stages best serves both labor and growers." Yet disputes with employees and unions under the ALRA have cost some growers thousands in legal fees. Invest a few hours with the ALRB in free education.
The Agricultural Labor Relations Act (ALRA) was enacted in 1975 to provide a process to "insure peace in the agricultural fields by guaranteeing justice for all agricultural workers and stability in labor relations." The ALRA assigns the Agricultural Relations Board (ALRB) responsibilities to remedy and prevent "unfair labor practices (ULPs)," conduct representation elections, and provide assistance to both employers and employees.
ULPs and union notices of "intent to take access" and "to organize" have risen sharply in recent years. Along with union activity, some government agencies and advocacy groups refer farmworkers and others to the ALRB whenever an ALRA violation is apparent. Potential claimants may be referred to the ALRB if they are or recently were agricultural employees who experienced changes in terms or tenure of employment which were motivated or caused by activity protected by the ALRA. Changes in terms or tenure of employment includes discharge, layoff, refusal to recall or rehire, reductions in pay, hours, or benefits, or less desirable work assignments or conditions.
Protected activity under the ALRB consists of union or "concerted"
activity. Concerted activity may occur in the absence of any
union activity and includes any effort by two or more employees
to deal with their employer concerning any aspect of their employment.
Concerted activity may consist, among other things, of a conversation
with a supervisor where a change in pay or other working condition
is requested, and protests against treatment of another employee.
OFFICIAL POSTER PROGRESS ... The U.S. Department
of Labor has revised the federal minimum wage poster WH 1088 (Rev.
Oct. 1996) to reflect federal minimum wage increases to $4.75
an hour on October 1, 1996, and to $5.15 an hour on September
1, 1997. Request on (916) 979-2040 (Sacramento) or (203) 894-2700
(Glendale). The agency also has revised Optional Form WH-516
English (Rev. May 1996) "Worker Information - Terms and Conditions
of Employment."
The Immigration Control and Financial Responsibility Act, signed on September 30, 1996, adds 1,200 INS investigators to inspect work places for illegal workers and to apprehend and deport criminal aliens. The bill also boosts the Border Patrol from 5,125 officers to almost 10,000 in 5 years.
The law requires INS to build a 14-mile "triple" border fence south of San Diego, and raises penalties for alien smuggling and using fake documents to get welfare or jobs.
The bill introduces a pilot telephone verification program to enable social service agencies to determine the legal status of benefit applicants and for employers to verify the status of newly-hired workers. Employer participation in the verification program is voluntary; no national worker eligibility verification system mandating employer participation could be established without new legislation.
The Personal Responsibility and Work Opportunity Reconciliation Act, signed on August 22, 1996, excludes non-U.S. citizens from Food Stamp assistance and Supplementary Security Income. In most states, immigrants applying for Food Stamps for the first time in late September were rejected.
Food Stamp recipients must now have their need for them re-certified each year. President Clinton directed USDA to permit states to keep immigrants currently on Food Stamp rolls until August 22, 1997.
Californiaís 3.2 million Food Stamp beneficiaries, averaging $182 per month, include 436,000 legal immigrants. Once the welfare law is implemented, most of these immigrants will be barred from the program.
Source: "Rural Migration News," UCD Dept. of Ag Economics,
Vol. 2, No. 4, 10/96. Access issues by Internet - http://migration.ucdavis.edu
Just days after a highway crash killed 5 farmworkers near Mendota, I was invited by Earl Hall to see official farm labor vehicle safety inspections of vans owned by employees, conducted by Hall Ag Enterprises, Inc., a farm labor contracting operation based in Mendota.
Although none of the fatal crashes in recent months involved Hall Ag farmworkers, the company has nevertheless taken control of their transportation situation. Company policy requires that any crew boss or other employee transporting farmworkers join the companyís transportation assistance program as a condition of continued employment. About 90 company crew bosses in the Valley are participating in the program. Company specialists assist transporters in meeting regulatory safety standards and insurance requirements.
Thirty minutes of required paperwork preceded each vanís inspection. Then I watched CHP inspector Jim Sanchez, armed with a jack, flashlight, crawler, and years of experience, meticulously examine a vanís steering and braking systems, tire conditions, and other mechanical details.
Van inspections are overseen by Angel Sauceda, a former CHP Motor Carrier Inspector. Transportersí vans, regardless of the number of workers they are designed to transport, must be inspected each year by the CHP or a Hall Ag qualified inspector. A Hall Ag reflective orange adhesive emblem, showing the inspection date and passenger capacity, is placed on the back window of each van transporting 8 passengers or less passing inspection.
Not all vans pass on the first attempt. A "failed" van was parked nearby with a loose parking brake cable and minor exhaust leak. It was placed in restricted status and was not authorized to transport workers until the minor repairs were completed.
Another van, previously used to transport as many as 14 workers, was pulled completely out of service that morning. The interior was fully-carpeted, but had no seats behind the driver and front passenger seat.
Employee-drivers are also assisted by John Garcia, safety consultant, in getting initial and continuing Department of Education driver training, medical certifications, and in completing DMV paperwork for the commercial Class B driverís license required to drive any farm labor vehicle designed to transport 9 or more workers.
Hall Ag has employed an insurance specialist on salary to review sources of the liability insurance required under the Migrant and Seasonal Worker Protection Act. Hall Ag offers a financial incentive to drivers to assist in making the premium down payment.
Earl Hall is now an "activist" seeking to alter the California Vehicle Code, perhaps through legislation, to require consistent safety standards for all farm labor vehicles, including those designed to transport fewer than 9 workers. This he says "would level the playing field among transporters, and help assure safer transportation for more farmworkers."
Earl Hall will present "A Positive Approach to Farmworker
Transportation," at the Safety Breakfast Meeting, hosted
by CSUFís Center for Ag Business, Wednesday, November 6th,
7:30-9:30 a.m., CATI Conference Room, 2910 E. Barstow Ave., Fresno
(NW corner of Barstow and Chestnut). RSVP on 209-278-4405.
CHP MOTOR CARRIER SAFETY UNITS - For farm labor vehicle inspection sites and times, call your local CHP School Pupil Safety Officer at these numbers:
Redding -- 916-225-2715
Rancho Cordova -- 916-464-2090
Vallejo -- 707-648-4180
Fresno -- 209-445-6922
Los Angeles -- 213-664-1108
San Diego -- 619-637-7158
San Luis Obispo -- 805-549-3261
San Bernardino -- 909-383-4811
The Agricultural Personnel Management Association, a volunteer, non-profit organization dedicated to the advancement of human resource management in agriculture, was formed in 1981 to "encourage and develop creative leadership and effective personnel management within the field of agribusiness." The organization offers human resource professionals educational programs related to human resources development, employee relations, front-line supervisor training, legal updates, safety management, and management training.
APMA members, representing firms of all sizes, receive a bi-monthly newsletter and member directory, and have opportunities to attend area workshops and an annual forum on human resource and workplace safety issues in March. For more information, call Elaine Hunt, APMA Executive Director, at (408) 422-8023.