WONDERFUL NURSERIES CHALLENGES AB 113 A Fight for Fair Union Representation By Jason Resnick, Senior Vice President and General Counsel
In a significant legal battle that could reshape the landscape of union representation in California’s agricultural sector, Wonderful Nurseries has filed a lawsuit challenging AB 113, the new card check law. This law, enacted in 2023, allows unions to bypass secret ballot elections, a cornerstone of the Agricultural Labor Relations Act (ALRA), and certify unions based on authorization cards alone. Wonderful Nurseries, supported by an amicus brief from Western Growers and a coalition of agricultural associations, is seeking a preliminary injunction to halt the implementation of this law. The Core Issues At the heart of the lawsuit are concerns about the constitutionality and fairness of the new card check law. The law eliminates the requirement for secret ballot elections, allowing unions to gather signatures on authorization cards to demonstrate majority support. Employers are not permitted to see these cards, raising significant due process concerns. The law also prevents workers from knowing whether their signatures were used to certify a union against their wishes. Constitutional Concerns Wonderful Nurseries argues that AB 113 infringes on both employers’ and employees’ fundamental rights. The company contends that the law’s “certify first, investigate later” approach violates due process by certifying unions without a meaningful opportunity for employers or employees to challenge the validity of the authorization cards. This lack of transparency and oversight can lead to arbitrary and unfair outcomes, undermining the rights of workers to freely choose their representation. The amicus brief filed by Western Growers and other agricultural associations highlights the importance of maintaining secret ballot elections to protect workers’ rights. Citing the Gerawan Farming v. ALRB case, the brief underscores that secret ballot elections are essential to ensuring that the workers’ choice is free from
Wonderful’s employees, UFW representatives misled workers into believing that signing the authorization cards was necessary to receive federal relief payments, specifically a one-time relief payment of $600 under the USDA Farm & Food Worker Program. Some workers testified in the administrative proceedings that they were told that the signatures were not a vote for the The outcome of this case has far-reaching implications for California’s agricultural sector. If the preliminary injunction is granted, it could halt the implementation of AB 113 and preserve the status quo ante of union certification through secret ballot elections. This would ensure that workers’ rights to a fair and transparent election process are protected, and that employers can adequately challenge union certifications. Conversely, if the law is upheld, it could lead to widespread use of card check certifications, potentially increasing union presence in the agricultural sector. However, this could also result in increased disputes and legal challenges, as employers and workers navigate the new landscape of union representation without the protections afforded by secret ballot elections. union but merely for obtaining funds. Implications for the Industry
coercion and accurately reflects their will. Misrepresentation Allegations
An alarming aspect of the case involves allegations of misrepresentation by the United Farm Workers (UFW) in obtaining signatures for the card check process. According to nearly 150 sworn declarations from
6 Western Grower & Shipper | www.wga.com July | August 2024
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