Called a crucial figure in the growth of the United Farm Workers, Ben Maddock dies at 87 | News

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He joined the US Marine Corps in 1956 and the trade union in 1969. According to legend and friends, he lived in a barn for part of his childhood and grew up on a family’s small citrus ranch in the countryside of Woodlake, Tulare County. Agriculture was in his blood and the octopus was in his hands, but Ben Maddock continued to fight for the rights of the weakest individuals in California’s rich agricultural industry.

Maddock, in collaboration with trade union leader Cesar Chavez, has organized large-scale vineyard strikes and international boycotts to gain historic legal protection for farm workers, unprecedented. Helped negotiate and manage union contracts.

Maddock, who became Chavez’s trusted best friend and a key figure in the union, died at his home in Wasco on July 9. He was 87 years old.

“Ben was an important person, one of the people who literally helped build UFW in the late 1960s and late 1980s,” UFW long-time spokesman Mark Grossman said in an email.

Grossman recalled that Maddock was closely associated with the organization, negotiations, contract management and strikes of agricultural workers in the Delano region.

“Ben from Anglo in Tulare County was part of the rainbow of farm workers who once existed in the valley,” Grossman said.

Maddock was born in Turea on June 27, 1934 and graduated from Woodlake High School in 1953. After working in the Marine Corps, Maddock began working as a tilesetter.

Guided by a desire for fairness and workers’ rights, Maddock led a strike by his fellow tile workers. Although the labor behavior turned out to be successful, Maddock was blackballed by his employer, Grossman wrote in honor of Maddock.

In the end, interested in making things better for the workers, he took up-and-coming labor activists to UFW’s office on “40 acres” on the outskirts of Delano.

According to Grossman, he promised to volunteer for the union for several months. Instead, he stayed for 22 years.

Maddock oversaw the distribution of the union newspaper, El Marquerado. Maddock, who refused to go to Keen’s Lapas when Chavez moved UFW’s headquarters there in 1971, became the union organizer of Delano.

Grossman said there was skepticism because Maddock did not speak Spanish. But he proved that he could.

Former UFW President Arturo Rodríguez praised him at a funeral mass in Wasco on Thursday. He was flying to service from San Antonio, Texas.

Paul Chavez, son of Chavez and chairman of the Cesar Chavez Foundation, was also present, as was farm workers and union officials holding the UFW flag. Grossman was also there, and he provided a copy of Eulogy to the Californians.

Rodriguez began by talking to Ben Maddock’s widow, Maria Maddock.

“Ben was a friend, mentor, teacher, and trusted adviser to Cesar Chavez and many of us in the trade union for 22 years,” Rodriguez said. “Your loss is also our loss.”

As the mourners listened, Rodriguez told stories one after another.

“I first met Ben in Detroit when I was organizing a second boycott of grapes in 1973. Ben came from a 73-year bitter and bloody grape strike in the Delano region, and with Maria. Born from a boycott.

“I was a young, environmentally friendly and idealistic organizer who recently graduated from college,” Rodriguez recalls.

The former union president said he was fortunate to learn from Maddock about organizing, strategy and building campaigns.

“These lessons never left me,” he said.

“For months we were picketing in front of A & P supermarkets throughout the Detroit Metro area, hoping they would be the first major supermarket chain to remove table grapes from the shelves.

“As we continued picketing in their parking lot, A & P management threatened to arrest us,” he recalled. “One Saturday, Ben helped us all make a plan. In the event of an arrest, we had to be ready to take action immediately.”

When the first picketters were arrested, they were found to be George and Sylvia Delgado, and two daughters Teresa and Christina, four and two years old, respectively.

They were also the granddaughter of Cesar Chavez.

“The next morning, on Sunday, the cover of the Detroit Free Press had a photo of her parents holding her while Teresa and Christina were all arrested,” Rodriguez said. “The sight has brought a lot of public contempt for the management of A & P.”

It was also a turning point for boycotts, and Maddock’s organization helped make that happen.

Maddock returned to Delano in 1975 and headed a 40-acre field office, Rodriguez said. His work will be crucial to the success of the procession, boycott, and enactment of what has become an agricultural and labor-related law.

According to an obituary about Maddock’s family, Maddock left UFW 22 years later. He was hired as a field representative for the California School Employees Association, where he worked until he retired.

Ben and Maria moved to Wasco to be surrounded by their families. In later quiet years, Maddock loved Christmas lights and was known for playing board and card games with his niece and nephew, and watching birdwatching, gardening, and the Dodgers.

But his years at UFW helped define his values ​​and life.

Among the funeral mourners were dozens of current and former UFW colleagues who worked with Maddock, Grossman said.

“They came from all over California and from outside the state,” he said. “Many people were hoisting the black eagle flag of a small union in churches and graveyards.”

A large UFW flag covered the casket and was presented to Maddock’s widow after the graveyard worship was carefully folded into a triangle.

Years after his busy days, the 40-acre land is now recognized as a National Historic Landmark.

“There was a giant who walked those 40 acres,” Rodriguez told the rally on Thursday. “Names like Kennedy, Chavez and Reuters.

“There are countless other giants who have walked on those premises,” he said. “Many of them have been lost in history. One of them is Ben Maddock. Let’s never forget his name.”

Reporter Stephen Mayer can be reached at 661-395-7353. Follow him on Facebook and Twitter: @semayerTBC.

Called a crucial figure in the growth of the United Farm Workers, Ben Maddock dies at 87 | News Source link Called a crucial figure in the growth of the United Farm Workers, Ben Maddock dies at 87 | News

Biden’s support of California farmworker bill makes it ‘complicated’ for Newsom

2022/09/07

Joe Aguilar of Sacramento waves a United Farm Workers flag in front of the state Capitol in Sacramento after the union finished a 24- day march on Aug. 26, 2022, to call on Gov. - Hector Amezcua/The Sacramento Bee/TNS

SACRAMENTO, Calif. — As Gov. Gavin Newsom weighs whether to veto another California farmworker union bill, he has a new and unexpected voice in his ear: President Joe Biden, who has decided to inject national politics into a state labor battle.

Over Labor Day weekend, Biden issued a statement backing a bill that would allow farmworkers to vote by mail in union elections. Supporters say the measure would make it easier and less intimidating for them to organize.

“Farmworkers worked tirelessly and at great personal risk to keep food on America’s tables during the pandemic,” Biden said. “In the state with the largest population of farmworkers, the least we owe them is an easier path to make a free and fair choice to organize a union. I am grateful to California’s elected officials and union leaders for leading the way.”

Presidents seldom intervene in state legislative fights. But underlying Biden’s involvement is the tension between an unpopular incumbent and a rising national Democratic star. Newsom has criticized party leadership for failing to aggressively push back against Republican policies on abortion, climate change and other issues. Biden’s support for the bill is a little pushback of his own, some political professionals say.

“There’s some back-room positioning between the two of the biggest Democratic politicians in the country,” said Mike Madrid, a Republican Latino political consultant. “The president has taken on a much more aggressive posture with all of his critics, whether they’re Republicans or whether they’re Democrats and this is another sign of that. There’s no other reason for the president to weigh in on this other than to put Gov. Newsom in his place.”

Assembly Bill 2183, sponsored by the United Farm Workers and authored by Assemblyman Mark Stone, D-Monterey Bay, passed in the final days of the legislative session. Newsom has until Sept. 30 to sign or veto it.

He vetoed a similar measure in 2021, citing technical issues. This year, the governor has been facing pressure to sign from labor advocates backing UFW, which led a 335-mile march across California to demonstrate in support of the bill.

Biden’s involvement in the farmworker debate adds another layer to Newsom’s already complex decision, political consultants and communications experts say.

“Joe Biden just made Gavin Newsom’s life a whole lot more complicated,” said Dan Schnur, a political communications professor at the University of California, Berkeley and USC and former spokesman for Republican Gov. Pete Wilson. “It’s not unheard of for a president to weigh in on state legislation. But it’s relatively rare to put the squeeze on a governor of your own party like this.”

Newsom’s office did not respond to requests Monday for comment.

Gaspar Rivera-Salgado, project director for the UCLA Labor Center, could not recall the last time a sitting president weighed in so strongly on a state labor issue.

It’s yet another “message” sent in Newsom’s direction, said Rivera-Salgado. Lorena Gonzalez, new head of the California Labor Federation, did a similar move when she invited UFW back into the fold of the state’s labor movement.

“I would read it as trying to put some political pressure on Gavin Newsom to come through,” he said.

Rivera-Salgado added that Biden has put Newsom in an “interesting” position and further open to criticism that the governor has a “soft spot” for growers. The winery Newsom co-founded just bought a Napa vineyard for $14.5 million.

Some labor leaders were not surprised by Biden’s support. He is widely seen as the most outspokenly pro-union president in decades and made headlines in early 2021 for the 22-inch-tall bronze bust of farm labor leader Cesar Chavez behind his desk.

The UFW also endorsed Biden for president in 2020, banking on hopes he would implement farmworker safety protections and immigration reforms. And in March 2021, first lady Jill Biden visited Forty Acres in Delano, the storied birthplace of UFW.

“This shows his commitment to farmworkers.… And it shows that the farmworkers have done a really good job using their voices to share their struggles directly with individuals,” Gonzalez said.

Vice President Kamala Harris, House Speaker Nancy Pelosi and former Secretary of Housing and Urban Development Julian Castro have also urged Newsom to sign the bill.

UFW President Teresa Romero said the union had been in communication with the “different people” in the administration, sharing farmworker challenges to organizing. Biden’s White House director of Intergovernmental Affairs is Julie Chávez Rodriguez, Chavez’s granddaughter.

“It’s very meaningful to us and to the workers, to know that we have the support of the president,” Romero said.

Romero remains “50/50” on whether the governor will support the bill. She notes there has been no communication with Newsom’s office since the bill was approved by the Senate last Tuesday.

AB 2163 continues to face staunch opposition from the agricultural industry and grower associations. They argue UFW no longer prioritizes organizing and is ineffective in advocating for better working conditions. In its 1970s heyday, the union had 80,000 members in California and other states. According to the U.S. Department of Labor, it now numbers a little over 6,000.

Rob Roy, president and general counsel for Ventura County Agricultural Association, called the union “virtually nonexistent.” He pointed to the last five years during which UFW has not successfully filed for an election to represent California farmworkers.

“I think the president ought to keep his nose out of state laws dealing with unionization,” Roy said. “But given his background, being pro-union, I guess he just can’t help himself.”

Roy said he expected Biden to have no effect on Newsom’s decision.

During the last few days of the legislative session, Newsom signaled he may veto AB 2183 and has not taken a public stance on the measure since lawmakers approved it.

“Gov. Newsom is eager to sign legislation that expands opportunity for agricultural workers to come together and be represented, and he supports changes to state law to make it easier for these workers to organize,” Erin Mellon, Newsom’s communications director, told The Fresno Bee in August.

“However, we cannot support an untested mail-in election process that lacks critical provisions to protect the integrity of the election and is predicated on an assumption that government cannot effectively enforce laws.”

The main sticking point is whether growers would be notified about an impending union election. UFW staffers say doing so would allow employers to union bust and take action against workers for organizing, including deporting those who are undocumented.

Newsom’s office says not notifying growers about upcoming union elections goes against national labor organizing standards.

Stone, the bill’s author, said his office worked closely with both Newsom and UFW on the bill, which he thinks the governor largely supports, except for “a piece of it he does not like.” He said that’s why the bill includes a five-year sunset provision that would allow lawmakers to reconsider it.

“It was really an attempt to try and say, ‘We know we’re not completely there, but we’re willing to continue to work,’” Stone said.

William Gould IV, former head of the California Agricultural Labor Relations Board and the National Labor Relations Board, said he had respect for Biden, but that the president was given “bad information” on the bill.

“President Biden does not understand farm labor law situation in California. … This is complete make believe. I’m sorry the President has fallen for this lie,” Gould said.

He echoed Roy’s sentiments and shared that, as chairman of the NLRB, UFW only filed one election petition in three years. He said farmworkers deserve protection and was in favor of more organizing. However, Gould said this bill would not help improve unionization rates.

“No one is trying to organize the farmworkers,” Gould said. “They should be organized and hopefully, at some point there will be a union that will try to organize them.”

Newsom has shown support for organized labor in certain situations. On Monday, he signed a bill that will create a fast-food council to help low-wage employees improve their working conditions. This could help to soften some of the criticism from labor if he vetoes the farmworker union bill, Schnur said.

“Newsom (doesn’t) need to sign the farmworkers’ bill in order to shore up his labor credentials this year,” he said. “He took care of that with the fast-food legislation.”

Biden’s support for the farmworker union bill could give Newsom political cover to sign it, or it could make the optics worse if he vetoes it.

Madrid said it’s dangerous for Biden or other politicians to view policies like AB 2183 as a way to appeal to the Latino community. It’s unfair to stereotype Latinos as farmworkers or undocumented residents who care only about border issues, he said.

“When you poll Latino voters ... these are not issues of huge concern,” Madrid said. “They are of symbolic concern. But when you’re the governor that has to actually deal with these issues, you have to deal with substance as much or more than symbolism.”

———

© The Sacramento Be

Column: Inside the effort by two Beverly Hills billionaires to kill a state law protecting farmworkers

Michael Hiltzik
Thu, May 16, 2024 


Wonderful Co.'s billionaire owners Stewart and Lynda Resnick: philanthropists, industrialists and union adversaries. (Ryan Miller/WireImage)

Los Angeles-based Wonderful Co. — the world's largest pistachio and almond grower, the purveyor of Fiji Water, Pom pomegranate juice and Justin wines, and owner of the Teleflora flower service — wants you to know that it's committed to "sustainable farming and business practices" and sees its employees as "a guiding force for good."

Wonderful's owners, the Beverly Hills billionaires Lynda and Stewart Resnick, say their "calling" is "to leave people and the planet better than we found them."

Here's another side of the company. Since February, it has been engaged in a ferocious battle with the United Farm Workers over the UFW's campaign to unionize more than 600 Wonderful Nurseries workers in the Central Valley.

'We ask each of you firmly not to sign an authorization card.'

Anti-union script read to Wonderful Nursery workers by company officials

Having lost a series of motions before the California Agricultural Labor Relations Board to delay a mandate that it reach a contract with the UFW as soon as June 3 or have terms imposed by the board, Wonderful on Monday unleashed a nuclear attack: a lawsuit seeking to have the 2022 and 2023 state laws governing the unionization process declared unconstitutional.

If it succeeds, California's legal protections for farmworkers could be rolled back to conditions that prevailed before César Chavez's campaigns for farm unionization in the 1960s.

"This is an attack on farmworkers' rights," says Elizabeth Strater, the UFW's director of strategic campaigns. Farm employers "will do everything they can to prevent workers from empowering themselves and lifting themselves out of poverty."

Wonderful's lawsuit takes a page from arguments made against the National Labor Relations Board by Trader Joe's and Elon Musk's SpaceX. Both companies, facing NLRB regulatory actions, are contending that the NLRB, which Congress established in 1935, is unconstitutional.

Wonderful contends that provisions of the state's agricultural labor code violate its rights of due process guaranteed by both the state and U.S. constitutions.

At issue is a UFW drive to represent more than 600 of Wonderful Nurseries employees that began in early 2023. The UFW ultimately presented the labor board with signed cards from more than half the employees giving the UFW authority to represent them in collective bargaining on a contract, a process known as a "card check."

Read more: Wonderful Co. sues to halt California card-check law that made it easier to unionize farmworkers

The board certified the union as the workers' representative on March 1, triggering a tight deadline aimed at prompting the union and the company to reach a contract.

Read more: Column: The UAW sends a lightning bolt into anti-union states with a huge victory at a VW plant

As often happens in hard-fought union campaigns, this one has generated a cross fire of allegations of unfair labor practices from both sides — the company asserting that the union defrauded workers into signing the representation cards, the union asserting that the company browbeat more than 100 workers into revoking their authorizations to drive the approval rate below the required 50%.

Accounts from the workers themselves vary. As my colleagues Rebecca Plevin and Melissa Gomez have reported, there have been complaints about poor working conditions at Wonderful along with hope that a union would help upgrade standards. Other workers say they misunderstood that signing an authorization card was tantamount to joining the UFW.

Some workers said they had second thoughts about signing the cards after meetings with a company-hired union-buster, Raul Calvo, who told them the union would take 3% of their pay for dues. In late March, some 100 Wonderful workers staged an anti-union protest at the ALRB offices in Visalia, but the UFW has alleged that the rally was the product of company coercion. Wonderful said at the time that it had no involvement in the protest and didn't pay the workers for their time.

"These workers are so vulnerable," the UFW's Strater says. Many are undocumented or have other reasons to worry about job security, arguably making them receptive to management directives.

In this case, another party has weighed in — the Agricultural Labor Relations Board, an independent state agency. Following an investigation, the board's general counsel, Julia Montgomery, alleged that Wonderful trampled its workers' unionization rights through numerous anti-union actions, including coercing them to submit declarations rescinding their authorizations. Wonderful has denied most of the allegations.

Wonderful says that the workers submitted their declarations voluntarily, "without any request having been made" by the company. Montgomery's allegations, however, are mighty specific. She cites a series of meetings that were overtly aimed at persuading the workers to back away from the union.

That process began with employee meetings addressed by Calvo and proceeded to sessions in which workers met with Wonderful human resources personnel, Montgomery alleged. At those meetings, the company representatives read from a Spanish-language script stating that the union could have obtained workers' signatures without their knowledge, that they would be deprived of the opportunity for a secret vote on unionization and encouraging them to sign a declaration revoking their authorization cards.

Read more: Column: A Trump judge eviscerates a pro-worker regulation at the request of big employers

"We ask each of you firmly not to sign an authorization card," the script read. In a line that sounds like it came fresh out of the playbook of anti-union companies such as Starbucks, the script stated that the company wants "to be able to work one on one with you without the interference of a union."

Some workers were led into a large conference room, where company representatives were assigned "to help the worker draft the declaration" revoking the authorization cards, Montgomery asserted. Some agents typed up declarations for the workers and handed them to the workers to sign.

A few words about the plaintiffs in this lawsuit:

The Resnicks are prominent philanthropists and political donors (mostly to Democrats). Their companies' effects on the environment and California agriculture generally are checkered. Indeed, their most eye-catching charitable donation, a record-breaking $750-million pledge to Caltech in 2019 for research into climate change and “environmental sustainability,” isn't inconsistent with a desire to "greenwash" some of their other activities.

As I previously wrote, while it might be churlish to suggest that the gift was devoid of genuine altruistic impulses, it would be naive to assume that altruism is the whole story.

A few years earlier, the Resnicks' Justin Vineyards had been caught clear-cutting an oak forest near Paso Robles to make room for new grape plantings. The work was halted by San Luis Obispo County authorities, and the firm eventually agreed to donate the 380-acre parcel to a land conservancy.

Although the Resnicks say they are "dedicated to our role as environmental stewards," their Fiji Water subsidiary looks like the antithesis of environmental sustainability. It profits from transporting water in plastic bottles more than 5,500 miles from the island nation to California and beyond, places that already have abundant water.

Wonderful's pistachio and almond orchards have complicated efforts to apportion water among the state's competing stakeholders. Because the trees require watering in wet years or dry, their acreage can't be fallowed during dry spells.

That has made the water demand of the agricultural sector less flexible, and arguably has contributed to the devastating decline of the state's salmon fishery and the drying out of rivers and streams that once supported a diverse population of fish and birds.

Read more: Column: American unions have finally remembered how to win

This isn't the first time that the Resnicks have wrapped themselves in the U.S. Constitution to fend off a regulatory agency. In 2010, they asserted that the Federal Trade Commission infringed their 1st Amendment rights by holding that they made “false and misleading” and “unsubstantiated” representations about the health benefits of their Pom pomegranate juice, which amounted to unlawful marketing.

The company pitched the juice as “health in a bottle.” Wonderful put up billboards with the words “Cheat Death” next to a picture of the bottle. Its ads claimed Pom has beneficial effects on prostate cancer (“Drink to prostate health”), cardiovascular health and even erectile dysfunction — all of which claims were judged scientifically dubious by regulators. The company fought the FTC up to the U.S. Supreme Court, which rejected its appeal.

The 2022 and 2023 laws that Wonderful is challenging — indeed, the very creation of the ALRB in 1975 — reflect a reality known in California for more than a century: Bringing labor rights to farmworkers is notoriously difficult.

The first major farm union organizing drive in the state, among hops pickers in Wheatland, north of Sacramento, was broken up by four companies of the National Guard called out by Gov. Hiram Johnson in 1913. A statewide dragnet for organizers from the Industrial Workers of the World, or Wobblies, ensued, followed by hundreds of arrests. No further significant farm organizing took place for 16 years.

In 1975, a state law passed at the urging of César Chavez's UFW gave union organizers the right to meet with workers on the farms where they toiled. But the Supreme Court, voting on partisan lines, struck it down in 2021—the law allowed organizers to "invade the growers' property," as Chief Justice John G. Roberts Jr. wrote.

To address the heightened difficulty agricultural unions faced, the state Legislature established the card check process in 2022 and 2023. The laws incorporated a tight timeline governing certification and contract bargaining, and stipulated mandatory mediation if no contract is reached with a set period.

Read more: Column: Julie Su would be a perfect Labor secretary. That's why Big Business hates her

The goal was to address "the basic failing of labor law both at the federal and state level, which is delay," said William B. Gould IV, emeritus professor of law at Stanford and a former chairman of the National Labor Relations Board and the state Agricultural Labor Relations Board.

"Delay works against the interests of workers and unions, because employers hope that they'll grow weary," Gould told me. The tight deadlines were designed to place the burden of delay on the employers.

Wonderful maintains in its lawsuit, filed in Kern County state court, that the accelerated process has deprived employers of constitutionally protected due process rights by allowing a union to be certified by card check before the employers have a chance to object — effectively rendering the certification and the negotiating deadline faits accomplis.

That's not quite true, however. The law allows anyone to file objections within five days of certification. After that, any certification can be revoked if the employers' objections are later upheld at a hearing, and any mandated contract can be invalidated. Indeed, Wonderful filed its objections in time, citing the workers' declarations; an ALRB hearing on its objections has been underway for weeks.

What appears especially to irk Wonderful is that the board has twice rejected its motions to suspend, or stay, the certification and negotiation procedure until after it rules on the company's objections. The board responded that the law doesn't provide for such a stay.

The company's lawsuit thus amounts to an end run around the law. Gould is skeptical that Wonderful's constitutionality claims will win much favor from California judges, but the case may be aimed at the notoriously anti-union U.S. Supreme Court majority.

"This Supreme Court has indicated that they want to reverse much of what was done in the 1930s," a high-water mark for progressive labor and public interest laws, he said. In its lawsuit, Wonderful "has thrown buckets of paint against the wall in the hope that something will stick. Maybe they'll be right on some of it."

Hundreds of California Farmworkers Are Marching for Union Voting Rights

The marchers are demanding better protections against voter suppression by employers in union elections.

UNITED FARM WORKERS / @UFWUPDATES

BY Sara Herschander, 

Waging Nonviolence

August 6, 2022

On Wednesday, around 250 farmworkers and their supporters took their first steps of a 24-day Delano-to-Sacramento march to demand more voting options for farmworkers when casting a ballot on unionization.

The march, organized by United Farm Workers, or UFW, has been billed as the “March for the Governor’s Signature,” a reference to demands that California Gov. Gavin Newsom sign a new bill meant to protect farmworkers from voter suppression by employers.

“California is a very wealthy state and agriculture contributes to that wealth, but farmworkers continue to be poor and their families suffer — that’s what we need to change,” Dolores Huerta, co-founder of the UFW, told a crowd of marchers gathered at Forty Acres, the site of UFW’s original headquarters in Delano.

“We want everything that you’re doing here to reach the hearts of the growers and the heart of the governor,” said Huerta, before shouting “Si se puede,” a phrase she originated in 1972, while campaigning against legislation that denied workers’ right to organize during harvest seasons.

Over the next several weeks, participants are expected to march roughly 15 miles per day, before reaching the state capital in Sacramento on Aug. 26, which Gov. Gavin Newsom declared “California Farmworker Day” last October. They’ll be marching in the scorching summer heat, behind the same Lady of Guadalupe banner that UFW has been using since the 1960s.

According to Elizabeth Strater, director of strategic campaigns at UFW, that history was palpable during the march’s launch, which she called a kind of “family reunion” for farmworkers, organizers, clergy and other union workers who attended in solidarity with the farmworker movement.

The new bill — the Agricultural Labor Relations Voting Choice Act, AB 2183 — would allow farmworkers to cast a vote on unionization through mail-in ballots or at a drop-off location. Current regulations dictate that workers must cast ballots at in-person-only polling places, typically located at their place of employment, where they may face intimidation from supervisors.

“The vast majority of those elections are on the growers’ property, under the watchful and often retaliatory eye of their bosses,” said Strater, who explained that such a system has “an incredibly chilling effect” on a largely undocumented workforce.

Even as policymakers have lauded farmworkers as essential workers at the height of the COVID-19 pandemic, they’ve largely sided with the agricultural industry in curtailing or neglecting workers’ right to organize over the past several years. As of 2021, fewer than three percent of farmworkers belong to a union, and farmworkers still lack the right to collectively bargain and unionize in most states.

On Cesar Chavez Day this April, farmworkers and advocates organized marches in 13 California cities criticizing the governor’s continued refusal to meet with farmworkers to discuss the most recent bill. Newsom also vetoed a similar bill in September 2021, which would have allowed for mail-in unionization ballots.

Farmworker organizers faced another blow in June 2021, when the Supreme Court ruled in Cedar Point Nursery v. Hassid that labor organizations could no longer go on grower’s property to meet with workers.

Still, longtime organizers like Roberto “El Capitan” Bustos, who led UFW’s famed 400-mile march to Sacramento in 1966, were in attendance on Wednesday to encourage marchers to persevere despite political setbacks.

“I’m here again — I’m still marching,” Bustos told those gathered on Wednesday. “You can’t get lost. Follow our footprints. You’re going to see our footprints along the way.”

United Farm Workers endorses Biden, says he's an 'authentic champion' for workers and their families

The Canadian Press
Tue, September 26, 2023 



WASHINGTON (AP) — The United Farm Workers on Tuesday announced its endorsement of President Joe Biden for reelection, saying that the Democrat has proven throughout his life to be an “authentic champion” for workers and their families, regardless of race or national origin.

The farm workers' union was co-founded by Cesar Chavez, the late grandfather of Julie Chavez Rodriguez, who Biden named as his 2024 campaign manager. Her father, Arturo Rodriquez, is a past UFW president.

Julie Rodriguez and “special guests” were expected to formally announce the endorsement later Tuesday at Muranaka Farms in the city of Moorpark in southern California.

“Throughout his life, President Biden has been an authentic champion for workers and their families, regardless of their race or national origin," UFW President Teresa Romero said in a written statement. “The United Farm Workers has seen first hand the positive impact that President Biden has made in the economic standing, labor rights, and daily lives of farmer workers across America.”

The UFW endorsement came as Biden on Tuesday flew to the Detroit area to join a picket line with United Auto Workers members who are on strike against Ford, General Motors and Stellantis.

The farm workers’ union endorsed Biden in 2020 over Republican President Donald Trump, who leads the field of GOP candidates vying for the party's 2024 presidential nomination and the chance to challenge Biden.

Julie Rodriguez said in a written statement that the UFW's organizing has always been about fighting injustice and supporting working people, values that she said are at stake in the election.

“Some of my most cherished conversations with President Biden have been about the legacy of my grandfather and the organizing power of the UFW, because Joe Biden is a real fighter for workers, for Latinos, and for every human's dignity,” said Chavez Rodriguez. She was a top White House adviser to Biden before he named her as campaign manager earlier this year.

The union said it will organize, train and dispatch skilled organizers and Spanish-speaking members to key states, including Arizona, Nevada, Texas, Michigan and Georgia, as it did in 2020.

Darlene Superville, The Associated Press

THE STRUGGLE CONTINUES

Cesar Chavez Day: A look back at farmworker leader

(9 images)

President Joe Biden declared Thursday Cesar Chavez Day, in honor of the United Farm Workers president who led protests of labor practices starting in 1963. Chavez died on April 3, 1993.


Cesar Chavez, president of the United Farm Workers union, tapes an interview at ABC affiliate radio station KLOS in Los Angeles on October 1, 1976. UPI File Photo
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Chavez responds to reports that the Ku Klux Klan was trying to help lettuce growers involved in a strike with his farmworkers’ union at a press conference in Los Angeles on February 8, 1979. He threatened a nationwide boycott if violence in the strike field increased. File Photo by Bob Flora/UPI
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Chavez (L) is accompanied by San Francisco Supervisor Bob Gonzales (R) as they march in a picket line outside a supermarket in San Francisco on March 22, 1979. The farmworkers were boycotting Chiquita bananas, which were produced by a firm that owns one of the nation’s largest iceberg lettuce producers, the UFW’s chief target in a strike. Led by Chavez, some 250 picketers paraded in front of the store. UPI File Photo
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Chavez shows Helen, his wife of 33 years, a plaque from the city of Montreal expressing support for the union’s latest grape boycott on October 24, 1985. It marks the 51st time Chavez has wielded his only real weapon – the consumer boycott – since he began organizing in 1963. File Photo by Mark Loundy/UPI
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A weakened Chavez (L, sitting) holds the hand of his wife to his cheek during a song at a mass held in his honor where he broke his 36-day fast in Delano, Calif., on August 21, 1988. From left to right: Ethel Kennedy, Helen Chavez, Cesar Chavez, Juana Chavez (Cesar’s mother) and the Rev. Jesse Jackson. Jackson took up the hunger strike where Cesar Chavez left off, fasting on water for three days before passing on the fast to celebrities and leaders. Participants included actor Martin Sheen; the Rev. Joseph Lowery, president of the Southern Christian Leadership Conference; actor Edward Olmos; actro Emilio Estevez; Kerry Kennedy, daughter of Robert Kennedy; Peter Chacon, legislator; actress Julie Carmen; actor Danny Glover; singer Carly Simon; and actress Whoopi Goldberg. File Photo by Martin Jeong/UPI
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Chavez (R) receives a piece of bread from Ethel Kennedy. Chavez went on the water only fast more than a month prior to protest the reckless use of pesticides that endanger farmworkers. File Photo by Martin Jeong/UPI
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Chavez ends his fast as Kennedy looks on. File Photo by Martin Jeong/UPI
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UFW and sympathizers march through Altamont Pass near Livermore, Calif., on February 26, 1975. During their 110-mile march from San Francisco to the Gallo Winery in Modesto, the 250 marchers were demonstrating in support of their 18-month strike and boycott of Gallo wines, which had a contract with the Teamsters. UPI File Photo
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Chavez talks to a crowd of some 3,100 striking Imperial Valley lettuce pickers at a mass rally in Calexico, Calif., on February 1, 1979. Chavez said that the UFW was gearing up for a possible nationwide lettuce boycott. File Photo by Mark Loundy/UPI
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California farmworkers now get overtime pay after 8 hours. Some growers say it’s a problem

Nadia Lopez

FRESNO BEE
Sun, January 9, 2022

For the past two decades during the harvest season, 58-year-old farmworker Lourdes Cárdenas would wake up at 3 a.m. to get dressed, say her daily prayers and prepare lunch before driving an hour south from her home in Calwa to a farm in Huron. She’d pick crops like cherries, nectarines, and peaches from daybreak until sundown — at least 10 hours a day, six days a week.

There would be days where she wouldn’t get home until 7 p.m or 8 p.m., depending on traffic, she said. For many of those years, she was paid minimum wage. There was no overtime pay.

“It’s a long work day,” she said in Spanish. “I’d get home very late, exhausted. It’s very hard work being in the fields.”

For years, hundreds of thousands of farmworkers toiling in California’s agricultural heartland weren’t entitled to overtime pay unless they worked more than 10 hours a day. But that has changed due to a 2016 state law that’s been gradually implemented over four years. As of Jan. 1, California law requires that employers with 26 or more employees pay overtime wages to farmworkers after eight hours a day or 40 hours a week.

That means many farmworkers like Cárdenas will now be compensated time-and-a-half for working more than eight hours. It’s a change advocates say is long overdue to provide the agricultural labor force with the same protections afforded to other hourly workers. But opponents argue that the law — though well-intentioned — strains farmers who already operate on thin margins and confront other financial challenges. Employers also say the new rules will disadvantage workers, as they’ll likely reduce hours in an attempt to cut increasing labor costs.

Under the law, which was authored by Assemblymember Lorena Gonzalez, farmworkers began in 2019 to gradually receive the same overtime pay as employees in other industries. Farmworkers previously became eligible for overtime benefits after 10 hours, but the law has lowered the threshold for overtime pay by half an hour annually for the past three years, until reaching the standard eight hours this year.

In a Twitter post on Wednesday, Gonzalez said “none of my bills stole my heart more.”

The full implementation of the law for larger-scale growers marks the most recent win for labor advocates, who had been running a decades-long campaign to secure overtime pay for farmworkers. California is one of six states, alongside Hawaii, Maryland, Minnesota, New York and Washington, to provide overtime pay to agricultural workers. Many states, however, only provide overtime pay after the 60-hour threshold has been met.

Fresno growers concerned about farmworker overtime law

Eriberto Fernandez, the government affairs deputy director at the UFW Foundation, which sponsored the California bill, said the law secures a basic protection for a workforce that has long been exploited. He added that agricultural workers were excluded from the federal Fair Labor Standards Act of 1938 that gave most employees the right to minimum wage and overtime pay.

“It’s a very historic and momentous occasion for farmworkers that they now, for the first time in the history of agricultural labor, have the same rights as all other Californians do,” he said. “For the first time since the 1930s, equal overtime pay now also applies to farmworkers.”

Fernandez said the law will provide farmworkers with more quality time with their families. He also said farmworkers, many of whom work ten- to twelve-hour shifts during the peak harvest season, will be fairly compensated for their labor.

“This is about leveling the playing field for farmworkers,” he said. “We’re hoping that this new law now puts farmworkers on equal ground with all other industries in California.”

But many growers say the new law could do more damage than good.

Ryan Jacobsen, a farmer and Fresno County Farm Bureau CEO, said the law doesn’t address the needs of the farming industry, arguing that agriculture requires a unique set of rules because it is subject to changing weather and seasons. And unlike other businesses, the labor-intensive industry requires more flexibility on scheduling and working, especially during peak harvest times, he said.

“Most of these jobs in the industry are still seasonal in nature and there are times of the year where there’s more work than there is in other times of the year,” he said. “In the California ag industry, there was always — up until the passage of this bill — an understanding that these employees would be able to make up these hours during these shorter windows because there’s not as much availability of farm agricultural work (in other times of the year).”

Daniel Hartwig, a fourth generation grape farmer from Easton who also works as the procurement manager at Woolf Farming, agreed. He said that the law makes an already fickle industry even more complicated for growers.

Growers have been concerned about labor costs increasing, in part due to California regulations, Hartwig said. He said many growers are reducing their employees’ hours and transitioning to cultivating other crops that don’t require as much human labor. Instead of planting fruit trees, Hartwig has switched over to nuts like almonds and pistachios, he said.

“We can’t absorb those additional labor costs,” he said. “So we’ve just kind of refocused on making sure more of our crops are able to be mechanically harvested. Those are the choices we’re making. (The law) is hurting farmers, and it’s hurting the farm workers as well.”

Fresno County broke its own record for agricultural and livestock production in 2020, peaking at more than $7.98 billion, according to the crop report from county Agricultural Commissioner Melissa Cregan. Nuts were among the top earners. Almonds were the county’s top-grossing crop, earning $1.25 billion, while pistachios made up $761 million, the report found.

Fernandez, of the UFW Foundation, said it’s “unfortunate” that farmers are reducing hours for their employees given the county’s record-breaking years.

“These are the same arguments that we hear over and over again about how these laws are going to destroy agribusiness in California,” he said. “And if anything, we’ve seen the opposite — we’ve seen the California businesses thriving. For them, it’s a matter of economics and of profitability. They’re choosing to shorten worker hours to save money that they would otherwise have paid for overtime pay.”
California farmworker wages increasing

Farmworkers are some of the lowest-paid workers in the U.S, according to a 2021 report from The Economic Policy Institute. On average, farmworkers in 2020 earned about $14.62 per hour, “far less than even some of the lowest-paid workers in the U.S. labor force,” the report found. Farmworkers at that wage rate earned below 60% compared to what workers outside of agriculture made, according to the report.

Lourdes Cardenas is shown waving a UFW flag with other demonstrators in front of the state building in 2017.

In some states though, wages are increasing. California’s minimum wage on Jan. 1 rose to $15 an hour for employers with 26 or more employees and increased to $14 an hour for employers with 25 or fewer employees.

Cárdenas is hopeful the new overtime protections and increased minimum wage will help her family in the long run. While she acknowledges that she may lose hours due to the new rules, she said the overtime law is “a huge relief” for farmworkers like her.

“We have been marginalized and mistreated,” she said. “But we are workers, just like any other worker. It’s sad they didn’t value us before. This is a big change.”

She said during the busy season farmers may not have a choice but to keep their employees working for longer periods of time, providing workers with a financial cushion they previously didn’t have. She hopes it will provide her with the ability to afford her car repairs, rent, food and other utility bills she had struggled to pay in the past.

“This is a great victory and a great triumph for us,” she added. “Sometimes, I couldn’t even afford food. But now we’ll have equal pay.”

KVPR’s Madi Bolaños contributed to this report.