Negotiations between farm workers, Wonderful can continue, court rules

In the latest update to a dispute over a union drive at a powerful Kern County agricultural company, a California appeals court has ruled that negotiations can continue between the state's largest farmworkers union and Wonderful Co.

Both sides were forced to pause negotiations following the lower court's decision.

Thursday's decision was issued by a three-judge panel following an appeal by the Agricultural Relations Board, the state organization that oversees elections for agricultural unions, and the United Farm Workers, which represents farm workers who voted to unionize at the Wonderful nursery this year.

The board and the UFW argued that negotiations with management should continue while the Court of Appeals continued to review the case.

Wonderful Nurseries, the largest grape nursery in the country, is located in Wasco, Calif. Its parent company, Wonderful Co. — the $6 billion agriculture powerhouse owned by Stewart and Lynda Resnick — sued the Agricultural Relations Board in May, the challenge is to comply with the constitution of the government program called card-check system, Gov. Gavin Newsom signed into law in 2022.

Under the law, the union can organize farm workers by inviting them to sign consent cards at off-site meetings without notifying their employer. Under the old laws, farm workers voted for union representation by secret ballot at a polling place designated by the state labor board.

Union activists have pressed the card-checking law, arguing that the secret ballot process, which is often held in workplaces, has left workers fearing retaliation from employers.

In late February, the UFW filed a complaint with the labor board asserting that most of the more than 600 farm workers in the nursery had signed union authorization cards, and asked to be certified as union representatives.

In just a few days, Wonderful accused the UFW of persuading workers to sign authorization cards under the guise of helping them apply for $600 each to help farm workers who were toiling during the COVID-19 crisis. The company sent nearly 150 signed declarations of kindergarten workers saying that they did not understand that by signing the cards they were voting for the union.

Wonderful workers protested in front of its Wasco, California, facility on April 1 saying they don't want a union.

(Claudia Chavez)

The UFW responded that Wonderful had intimidated those workers into making false statements and brought in a Labor consultant with a reputation as a union leader to manage their emotions in the weeks after they signed the cards.

But Amazing, his portfolio includes brands such as Fiji Water and Pom Wonderful, which want to challenge the verification of the election results and challenge the country's law, which would force it to negotiate. The company claims in its lawsuits that the law deprives employers of due process in several areas, including forcing a company to enter into a collective bargaining agreement even after it has formally submitted a state labor board certification of a union vote and presented what it believes to be evidence. that the voting process was fraudulent.

In July, Kern County Superior Court Judge Bernard C. Barmann Jr. he watered the company, saying Wonderful is “likely to succeed” in its legal challenge to the new federal farm worker organizing plan and face irreparable harm if the United Farm Workers are upheld. Pursuing a collective bargaining agreement on behalf of the Wonderful preschool staff prior to trial.

In a September appeal to California's 5th District Court of Appeal to lift an order halting the proceedings, state Atty. Gen. Rob Bonta, on behalf of the Agricultural Labor Relations Board, said the Supreme Court had “no role to play” in passing the law and instead ignored the already established certification review process.

“This order threatens irreparable harm to petitioners, affected farmworkers, the UFW, the integrity of the administrative review process established by the Legislature, and even Wonderful itself,” Bonta wrote.

In another motion, UFW attorneys argued that the union and the farmworkers it represents would suffer irreparable harm if the original sentence were not stayed pending an appeal. They said the ban is delaying the conclusion of the trial at the state labor board, and 150 witnesses will be called.

With Thursday's decision by the appeals court, the United Farm Workers won a round of its dispute with Wonderful Nurseries.

(Rebecca Plevin/Los Angeles Times)

“Because farm work is a seasonal, high-wage occupation, many farm worker witnesses will be unavailable during the appeal,” the UFW said. “Witnesses who can be found will have lost memories of important events and details. If vacated, the preliminary injunction will prevent the UFW from asserting its full liability to defend itself against the Company's alleged misconduct.”

The UFW said that staying the preliminary injunction pending an appeal would not cause irreparable harm to Wonderful, noting that the company could still win the administrative board hearing.

Elizabeth Strater, the UFW's national vice president and director of strategic campaigns, said the decision was “very welcome.”

“We are motivated to start the ALRB hearing so that people can come forward and talk about the tactics they have encountered at the hands of their employers' agents,” said Strater.

Wonderful Nurseries said in a statement: “This procedural order does not change the Supreme Court's previous decision that the Card Test is 'potentially unconstitutional.' We continue to welcome the Court of Appeals' prompt decision on that constitutional question and we fully expect their decision to be the same as the original one issued by Judge Barmann.”