April 28, 2018
On Monday, three judges of the state court of appeal in Fresno heard arguments about whether to count or destroy your ballots from the 2013 election to determine if UFW should represent you.
We argued that your vote matters and the ballots should be counted. The ALRB and UFW told the judges that your ballots should be destroyed and that a contract should be forced on you without allowing you to vote on that contract. (The contract UFW previously wanted to force on you would have lowered your take-home pay.)
The judges seemed very concerned that the ALRB did not want your votes to be counted. The judges asked the ALRB how the ALRB can presume to know what you want without even counting your votes.
The court will issue its decision within 90 days.
“The ALRB has completely abandoned its role as defender of the workers’ right to choose, and instead has become effectively the union’s enforcer. ”
April 21, 2018
On Monday April 23, the appeal court will finally hear arguments about whether your votes from the 2013 election should be counted. That is the election you asked the government to hold so that you could decide whether or not to be represented by the UFW. As you know, the only other election was held in 1990, then the UFW disappeared, so 99% of you never voted for the UFW to represent you.
If the ballots are not counted and the election is thrown out, the UFW and their friends at ALRB will try to force a contract on you, and make you pay for it, without letting you vote for or against the contract. The last contract they wanted to force on you would have resulted in less earnings for you. Also, if you do not pay the UFW, the UFW told us in writing that they will require you to be fired.
We are asking the judges to let you have a choice like all other workers have. We are asking the judges to open the ballots and count your votes instead of destroying the ballots
December 8, 2017
The Truth Behind Court’s Recent Decision
The California Supreme Court decision allows the union and ALRB to force government-written contracts on farmworkers without giving them a choice. Workers must pay the union or lose their job and must give up the right to strike.
News media and the union have said that company farmworkers are owed 10 million dollars as a result of this decision. This is completely false. The court said nothing about this. The decision is not yet final and the court of appeals still has to make determinations on issues concerning the contract terms.
In 2013, you voted in an ALRB held secret ballot decertification election. The secret ballot protects a worker’s freedom of choice. The counting of your ballots will give you the same dignity and respect that all other workers in our state and country have, which is the right to give consent for a union to represent you and take your money. The court of appeals still needs to decide whether your ballots will be opened so that you will know whether the union continues to represent you.
November 11, 2016
Dear Employee:
By now, you should have received a notice about the lawsuit entitled, Rafael Marquez Amaro and Jesus Alarcon Urzua vs. Gerawan Farming, Inc. and Gerawan Farming Partners, Inc., in which those two employees have alleged that Gerawan Farming did not properly pay piece-rate employees in the past. The attorneys who filed the lawsuit are the same attorneys who represent the UFW union. The case deals, in part, with non-productive time, which employers would be paying anyway under AB 1513, a new law now in effect but under which we were excluded.
We firmly believe the lawsuit is improper and intend to exercise all legal options we have to defend ourselves.
Since the matter is in litigation, we are unable to answer questions regarding this case at this time.
Thank you.
Download flyer from May, 2016
UFW Tries to Harm Gerawan Success
May 27, 2015
Dear Employees:
Since the court ruled that ALRB's contract is illegal, you asked if your votes will be counted. We still do not know since these are separate matters.
ALRB AND UFW ARE FRIENDS
As the UFW requested, the ALRB's Silas Shawver and his boss Sylvia Torres-Guillén still do not want the votes to be counted. Silas testified he is a long-time friend UFW Vice President Armando Elenes, so there is good reason to believe he is biased. In fact, many at ALRB are friends with UFW.
UFW ORGANIZER LIED
During the hearing, one of UFW’s organizers testified that he coached witnesses to lie. These witnesses were later presented by ALRB’s Silas as part of his effort to destroy the ballots.
Meanwhile, we continue to do everything we can to convince the ALRB board to let you choose rather than destroy your ballots.
Sincerely,
The Gerawan Family
APRIL 20, 2015
Dear Employees:
Because of last week’s message to you, the union told us to let you know that since March 15, the "contract" they want to force on you pays 25¢ more than $11. Before that, we were paying direct hires more than what the contract called for.
The union has also told us that they want to fire anyone who does not give them 3% of his or her pay. So, even though the “contract” wage is $11.25, the actual amount you would take home would be less than your current $11 per hour, because you would have to give 34¢ of that to the union.
Take-Home Pay Without “Contract”: $11.00
Take-Home Pay With “Contract”: $10.91
This is one of the many reasons we are challenging the contract in the courts. Also, please keep in mind that the Gerawan family has never charged you anything to keep your job
Sincerely,
The Gerawan Family
APRIL 10, 2015
Dear Employees:
UFW’s Vice President Armando Elenes continues to lie to our customers. He tells them that Gerawan violates the law. UFW has also had radio announcements that urge people not to buy Prima, and a union official announced that our buyers should stop buying our fruit.
UFW tries to harm the demand for our fruit, so that we will force the contract on you without giving you a choice. The UFW has a history of asking the public not to buy a company's fruit. If the UFW is able to convince our customers not to buy our fruit, that would be very harmful.
We have paid the highest wages year after year. In fact, we have been paying hourly rates that are higher than the contract the UFW wants us to impose on you. These high wages are possible thanks to our ability to sell the fruit you pick and pack at good prices.
Sincerely,
The Gerawan Family
April 2, 2015
Dear Employees:
The UFW continues to get resolutions from cities to support forcing a contract on you without counting your ballots. UFW Vice President Armando Elenes lies to the cities and union’s supporters and tells them that they have been trying non-stop since 1995 to negotiate a contract. That is not true.
In Long Beach, a UFW vice president told the city that we, the company, used “illegal practices to deny workers their right to a free election.” But, in fact, it is the UFW that fought from the beginning to stop the election, and have since stated publicly that they don’t want your ballots to ever be counted.
UFW's president and vice presidents tell the cities that we break the law. They fail to mention that we are merely using proper legal avenues so the court can ensure fairness.
As always, we support your right to choose through an election.
Sincerely,
The Gerawan Family
MARCH 2, 2015
Dear Employees:
The UFW union asked the LA school district to stop buying our fruit. As they have previously, the UFW tries to harm the demand for our fruit, so that the “contract” will be forced upon you without giving you a choice.
The president of the UFW spoke in front of the school board and reporters and told them lies. For example, the UFW said that we abuse farm workers, and that we threaten and intimidate you.
The UFW has a history of asking the public not to buy a company's fruit. If the UFW is able to convince our customers not to buy our fruit, that would be very harmful.
For many years we have paid the highest wages year after year. Our high wages are possible thanks to our ability to sell the fruit you pick and pack at good prices. What the UFW is doing is very bad and it is a direct attack on our ability to have success.
Sincerely,
The Gerawan Family