Now THAT’s collective bargaining! Court unanimously sides with workers and employer

squash alrb copy

In a remarkable show of how employers and workers can work together against government secrecy, a three-judge panel unanimously struck down a California secrecy law as unconstitutional. A top lawyer for Governor Jerry Brown had told the Fifth Court of Appeal in Fresno that workers should “never” be parties to the process. The United Farm Workers (UFW) did nothing to help the workers it claimed to represent, and instead sided with the Sacramento establishment.…

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Higher court sides with farmworkers against ALRB secrecy

Secret hearings

Farmworker Lupe Garcia just won a big win for all California farmworkers, as well as for journalists and for employers who treat their workers fairly. The victory came from a unanimous three-judge panel in Fresno on May 9. The Fifth Court of Appeal ruled that farmworkers have a right to challenge the ALRB’s secretive “mandatory meeting and conciliation” (MMC) practices. It reversed a lower trial court that had favored the ALRB,…

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Court says ALRB’s forcible mediation against workers is unconstitutional

ALRB's legal duo behind the attempt to force the UFW contract on the workers.

In a historic decision, a three-judge California appeals court struck down the section of state law that allows the ALRB to force UFW contracts on farmworkers. That section of the law, the judges said, is unconstitutional. The judges agreed with the employer, Gerawan Farming, that the ALRB should have allowed it to prove that the UFW had abandoned its thousands of members for years. “More fundamentally,” the judges ruled, “we…

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