WESTERN GROWERS OFFICERS – 2023 ALBERT KECK, Chair STUART WOOLF, Vice Chair NEILL CALLIS, Treasurer DON CAMERON, Executive Secretary DAVE PUGLIA, President & CEO DIRECTORS – 2023 GEORGE J. ADAM Innovative Produce, Santa Maria, California CRAIG ALAMEDA Topflavor Farms Inc, Salinas, California ALEXANDRA ALLEN Main Street Produce, Santa Maria, California CHAD AMARAL D’Arrigo Bros Co of California, Salinas, California KEVIN S. ANDREW Illume Agriculture, Bakersfield, California ROBERT K. BARKLEY Barkley Ag Enterprises LLP, Yuma, Arizona STEPHEN J. BARNARD Mission Produce, Inc., Oxnard, California BARDIN E. BENGARD Bengard Ranch, Salinas, California BRIAN BERTELSEN Cove Ranch Management, Reedley, California GEORGE BOSKOVICH III Boskovich Farms, Oxnard, California RODNEY BRAGA Braga Ranch, Soledad, California NEILL CALLIS Turlock Fruit Company, Turlock, California DON CAMERON Terranova Ranch, Inc., Helm, California EDWIN A. CAMP D. M. Camp & Sons, Bakersfield, California CAROL CHANDLER Chandler Farms LP, Selma, California LAWRENCE W. COX Lawrence Cox Ranches, Brawley, California STEPHEN F. DANNA Danna Farms, Inc., Yuba City, California THOMAS DEARDORFF II Deardorff Family Farms, Oxnard, California TIMOTHY ESCAMILLA Bolthouse Farms, Bakersfield, California CATHERINE A. FANUCCHI Tri-Fanucchi Farms Inc., Bakersfield, California DAVID L. GILL Rio Farms, King City, California ROBERT GIRAGOSIAN Kern Ridge Growers, LLC, Arvin, California BRANDON A. GRIMM Grimmway Farms, Arvin, California JOHN JACKSON Beachside Produce, LLC, Nipomo, California A. G. KAWAMURA Orange County Produce, LLC, Fullerton, California ALBERT KECK Hadley Date Gardens, Thermal, California J.P. LABRUCHERIE LaBrucherie Produce, El Centro, California STEPHEN MARTORI III Martori Farms, Scottsdale, Arizona HAROLD MCCLARTY HMC Farms, Kingsburg, California TOM MULHOLLAND Mulholland Citrus, Orange Cove, California DOMINIC J. MUZZI, JR. Muzzi Family Farms, LLC, Moss Landing, California THOMAS M. NUNES The Nunes Company, Inc., Salinas, California STEPHEN F. PATRICIO Westside Produce, Firebaugh, California JOHN POWELL JR. Peter Rabbit Farms, Coachella, California RON RATTO Ratto Bros. Inc., Modesto, California CRAIG A. READE Bonipak Produce, Inc., Santa Maria, California ERIC T. REITER Reiter Affiliated Companies, Oxnard, California KYLE RICHARDSON Garry Richardson Farms, Bakersfield, California JOSEPH A. RODRIGUEZ The Growers Company, Inc., Somerton, Arizona BRUCE TALBOTT Talbott’s Mountain Gold, LLP, Palisade, Colorado RYAN TALLEY Talley Farms, Arroyo Grande, California BRUCE C. TAYLOR Taylor Farms California, Salinas, California JACK VESSEY Vessey and Company Inc, Holtville, California MIKE WAY Prime Time International, Coachella, California STUART WOOLF Woolf Farming & Processing, Fresno, California ROB YRACEBURU Wonderful Orchards, Shafter, California
to harvest crew workers or a particular location, as unions can choose to define the unit based on their strategic considerations. The larger the bargaining unit, the more challenging it is for the union to obtain majority support, which may lead the union to limit the unit to harvest workers or a single location. Eligibility of Employees in the Bargaining Unit Not all employees fall within the scope of the petition for representation. Only “agricultural employees” are eligible to be represented under the Agricultural Labor Relations Act (ALRA). The ALRA defines “agricultural employee” as an individual engaged in agriculture, and it excludes employees covered by the National Labor Relations Board (NLRB)—which includes private employees not involved in “agriculture.” The definition of “agriculture” under the ALRA includes various agricultural and horticultural activities, livestock and poultry raising, forestry or lumbering operations related to farming and more. Based on this definition, clerical and management staff are generally excluded from the bargaining unit. However, certain positions, such as cooler workers, crew foremen, quality control, sanitization and food safety personnel, may or may not be considered agricultural employees, depending on their specific duties and authority. Exclusions from the Bargaining Unit Certain categories of employees are ineligible to be represented by the union.
These include supervisors with actual supervisorial authority (e.g., the power to hire, fire, impose discipline), guards, managerial employees, family members of the employer and substantial stockholders in closely held corporations. Understanding the Regulations The ALRB’s regulatory framework complements the Labor Code provisions and provides further guidance on the certification process and related matters. AB 113 regulations have been proposed but not yet implemented. Those interested in exploring the comprehensive regulatory scheme can find it on the ALRB website. Conclusion Labor Code Section 1156.37 outlines the employer’s responsibilities in providing to the union employee information during the certification process. Employers should be gathering and organizing their employees’ information now, including from their farm labor contractors, and not wait until served with a petition. As we anticipate unions taking advantage of their long sought-after new weapon— card check—it is essential to ensure management’s compliance with the ALRA in order to avoid onerous penalties. If you do get served with a Majority Support Petition, avoid taking adverse action against any employees without seeking legal advice. And don’t hesitate to contact Western Growers or your labor attorney immediately, because the 48-hour clock is ticking, and you want to give your counsel maximum time to assist in the process.
SEPTEMBER | OCTOBER 2023
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