UFW wins first California union vote in six years. Is more farmworker organizing coming?

Amateur soccer players sprayed passes across the bumpy grass, children chased after the paletero man and local señores provided endless sideline banter throughout the Madera Sunrise Rotary Sports Complex on Sunday.

But crowded into a corner, under the shade of the park’s pavilion, sat a small group of farmworkers celebrating history. Around them, red flags and banners carried the trademark black eagle and a more than half-century old rallying cry — “Sí, se puede.”

Many of these farmworkers have spent years laboring in the Central Valley’s fields, and today signaled a new point in their careers.

A few days earlier, the United Farm Workers was officially certified for organizing 297 tomato workers — the union’s first successful election petition in the state since 2017. The victory comes less than six months after Gov. Gavin Newsom signed a new law allowing farmworkers to provide their union vote via “card check,” a method to lessen retaliation from employers.

Bolstered by the law, the UFW has renewed optimism. Teresa Romero, president of the UFW, said the union has targeted different farms in California to organize and inform workers of their rights under the new law. This farm may just be the first.

“Many more to come,” said Romero, with a smile on her face as she overlooked the victory celebration.

Romero, who became president in 2018, has endured challenging times. A string of setbacks over the last few decades have collectively diminished the union’s headcount and tied its hands in recruiting new members.

And even under normal circumstances, farmworker organization remains slow and painstaking work. Legal challenges from growers can drag on for years following a union certification.

The Newman-based farming company DMB Packing is already contesting the certification. The California Agricultural Labor Relations Board (ALRB) will hold a hearing on the company’s objections in the next few weeks.

Still, last Sunday’s celebration in the city of Madera, about 30 miles north of Fresno, showed no signs that the UFW or its newest members were worried. Instead, farmworkers were hopeful of what unionization could mean for their salaries, working conditions and lives.

“I wanted a change in the company, so it was easy to sign,”said Yesenia Contreras, a 36-year-old farmworker. “I know everything will be better with the signature I gave.”

‘Reality of new law’

The new legislation’s signing did not come easy.

Just two years ago, Newsom vetoed a similar version of the law, Assembly Bill 616, which faced strong opposition from the agricultural industry. They argued such a change would make it easy to commit voter fraud and forced unionization for employees.

The UFW responded with rallies, coming back with another version of the measure and a 335-mile march to Sacramento. Public support from President Joe Biden and then-House Speaker Nancy Pelosi came along the way.

It all added up to Newsom signing last year, with the caveat that future legislation would be passed in 2023. That amounted to AB 113, which appeared last May, and quickly got its approval from the governor.

Farmworkers were signing cards within days of the law coming into effect, said Jose Virgen Zaragoza, an external organizer coordinator for the UFW. The union had sporadically been trying to organize workers at DMB Packing since 2019.

“Once we got the green light, we went to work,” Virgen Zaragoza said.

Under the new law, farmworkers can sign cards that give union authorization to the UFW. The cards ask for simple details including their name, address, phone number and signature.

Previously, farmworkers were required to call for a union election by petitioning the ALRB and then notifying their employer. Elections would often be held at the worksite, which the UFW said allowed for employers to retaliate against workers for organizing, including threats of deportation for those who are undocumented.

UFW officials have argued these hurdles resulted in dwindling membership numbers. They also point to the count being taken in late December, when many farmworkers don’t work, and fluctuates annually depending on weather conditions.

Today, the union has 20 UFW contracts in California and about 6,000 members nationwide, down from an estimated 60,000 in the 1960s.

But the new organizing method could be key to rebuilding numbers.

Sergio, one of the farmworkers, now feels empowered to cast a union vote. He requested The Sacramento Bee not use his last name for fear of losing his job.

“He still doesn’t want to give his name,” said UFW spokesperson Antonio De Loera-Brust after Sergio finished answering questions with The Bee. “That’s the reality of the new law. It takes into account the very real and realistic fear of farmworkers.”

Many DMB Packing tomato workers have been at the company for many years without a raise, Sergio said. They receive 77 cents per tomato bucket, while the workers of other organized companies receive 82 cents. A five cent increase would equate to about a $10 raise per day.

Another issue stems from how the work equates to pay. Sergio and other farmworkers said the company requires more tomatoes per bucket than what is commonplace in other farms, making the workload more strenuous.

“We were tired of the injustice, and we needed someone to help us,” Sergio said.

An upcoming ALRB hearing looms ahead

There is still some uncertainty about what comes next for newly unionized workers at DMB Packing.

The company filed objections to certification seven days after it was issued by the ALRB. Its complaints center around the handling of the employer list by the board.

Per the new law, after the UFW submitted its signed cards, DMB Packing was required to submit an employer list that is used to verify majority support.

Initially, the ALRB deemed that UFW failed to reach majority support. The union was given 30 days to submit additional proof of support.

During that time, UFW officials said they realized some employees working at the company did not show up on the provided employer list. This prompted an ALRB investigation, which led to the eventual approval of additional employees and a certification. The final ALRB tally had 151 out of 297 workers, or 51%, signing cards in favor of the union.

DMB Packing contends the board was “entirely precluded from adding eligible employees to the eligibility list after the initial tally,” according to an ALRB administrative order. The company declined an interview, but provided an email statement.

“We will continue to utilize the legal and regulatory process to ensure a fair election where the results represent the will of the majority of DMB Packing’s employees,” said Jeff Dolan, president of DMB Packing, in the statement.

In its administrative order, the ALRB acknowledged the new law “lacks specific guidance on how to handle the type of situation” presented here. The board will hold a hearing on the objections later this month.

The UFW also filed a separate unfair labor practice charge against the DMB Packing for its allegedly false employer list.

But on Sunday, workers like Contreras weren’t worried about the upcoming legal hurdles for the UFW.

Rather, she danced to music provided by Los Rivas, a local band contracted for the event, and took home a child-sized doll from that day’s raffle. She’s hopeful for a higher salary, more protective equipment while working and better treatment on the job.

Her views, Contreras said, are shaped by 21 years working in the fields. She’s tired of farmworkers not being respected. She’s ready for a change.