Bill in California would help farmworkers form unions

SACRAMENTO, Calif. The temperature was nearly 100 degrees as 17-year-old Maria Vasquez Jimenez pruned grapes for nine hours at a vineyard near Stockton in California’s Central Valley.By the end of the day, the pregnant teen was dead from heat stroke, and her death set off renewed calls among union advocates for greater protections for farmworkers. But in the two years since, efforts to unionize workers have largely been unsuccessful.

Unions claim that’s because employers have illegally interfered with union elections, and their Democratic supporters pushed a bill through the California Legislature last week that will automatically declare a union victory if employer misconduct is shown. The bill is awaiting action by Gov. Arnold Schwarzenegger.

Between 307,000 and 450,000 people work on California farms, depending on the season, according to the state Department of Food and Agriculture. But fewer than 16,000 full-time farmworkers belong to a union, and a tally by the state’s Agricultural Labor Relations Board found 40 percent of agricultural labor elections between 2000 and 2007 resulted in a vote against representation.Critics say the bill passed last week is simply an effort by its sponsor, the United Farm Workers, and other unions to boost their anemic numbers by – in the words of the California Farm Bureau Federation – “foisting union representation” on employees.

Nearly one out of every five union workers in the U.S. lives in California, although union membership among agriculture and forestry workers is low.Under a system established in 1975, the union election process begins when a majority of a farm’s employees sign authorization cards indicating their desire to put unionization to a secret-ballot vote. Workers submit those cards to the Agricultural Labor Relations Board, which calls for an election.

The bill passed last week, SB1474, would not change that. However, it stipulates that in cases of proven employer misconduct, the authorization cards would be considered evidence of workers’ desire to organize, and a union would be authorized.”This bill is about simple parity and basic equality and something positive for some of the hardest-working people in our state,” said its author, Senate President Pro Tem Darrell Steinberg, D-Sacramento.

While the current system allows tainted election results to be thrown out, union advocates say there’s nothing to keep employers from interfering in subsequent elections. And, since many farmworkers don’t speak English and rely on their jobs to support extended families, they are particularly vulnerable to intimidation by anti-union employers.”Given the long history of illegal conduct by some growers, this bill has incredible significance for farm workers and will even the playing field in terms of available remedies that the (agriculture board) has at its disposal,” said Mark Schacht, deputy director of the California Rural Legal Assistance Foundation.

The bill’s opponents, including the farm bureau and the California Chamber of Commerce, say the agricultural board thoroughly investigates all reports of employer misconduct and there’s no evidence large numbers of farmworkers are being blocked from joining unions.

“There is an option right now to pursue claims of unfair labor practice, and the unions have not availed themselves of that to a significant extent,” said Rich Matteis, administrator for the farm bureau.The Irvine-based Western Growers Association issued a statement Friday predicting the bill would result in unions bullying the agriculture board into setting aside results from valid secret-ballot elections.

The United Farm Workers said that won’t happen but acknowledged union membership was likely to grow if it became law.”We certainly hope this will lead to a system where farmworkers have the right to participate in a fair election and choose to join a union if that’s what they want,” said Merlyn Calderon, UFW’s national vice president.

First, however, Schwarzenegger would have to sign the bill – an outcome that is far from guaranteed.The Republican governor has vetoed four broader bills intended to offer alternatives to secret ballots, a system he has described as crucial to maintaining the integrity of the election process.(AP)

All Star Game boycott sought to protest Arizona law

The only Latino in the Senate urged Major League Baseball players on Monday to boycott the 2011 All-Star game in Arizona to protest the state’s tough new immigration law.”The Arizona law is offensive to Hispanics and all Americans because it codifies racial profiling into law by requiring police to question anyone who appears to be in the country illegally,” New Jersey Senator Robert Menendez wrote Michael Weiner, executive director of the Major League Baseball Players Association.

Menendez, who chairs the Democratic Senatorial Campaign Committee, is the only Latino in the 100-member chamber. In his letter, he noted more than 1 in 4 players are Latinos.Signed into law last month by Arizona Republican Governor Jan Brewer, the law requires state and local police, after making “lawful contact,” to check the immigration status of anyone they reasonably suspect is in the country illegally.The measure has prompted a number of calls for boycotts of businesses in the state, amid charges that it is unconstitutional and a mandate for racial profiling.

Representative Jose Serrano, a New York Democrat, and some Latino organizations have called upon MLB Commissioner Bud Selig to move the All-Star game, which is scheduled to be played in July 2011 in Phoenix, Arizona’s state capital. A Major League Baseball spokesman could not be immediately reached for comment.Calls for a sporting boycott of Arizona began soon after Brewer signed the bill into law on April 23. A group of protesters turned out to picket the Diamondbacks, the state’s Major League baseball team, at a game in Chicago.

The new law has reignited calls for Congress to overhaul the U.S. immigration system, and Menendez joined two fellow Senate Democrats last month in unveiling a “draft” plan.But lawmakers from both parties appear reluctant to tackle the emotional issue months before November’s congressional elections.

‘HUMILIATION AND HARASSMENT’

Almost two-thirds of Arizona voters and a majority of voters nationwide support the law, which backers say is needed to curb violence and crime stemming from illegal immigration in the Mexico border state.

In late April, Brewer signed changes to the law that she said made it “crystal clear” racial profiling was illegal. However, a recent poll of Hispanic voters in Arizona found that 85 percent felt that Latinos who are legal immigrants or U.S. citizens were likely to be stopped or questioned by police.In his letter, Menendez wrote that Latino players come to the United States legally “and should not be subjected to the humiliation and harassment that (the new law) would inflict” on them during their visit to the state for the All-Star game.”Imagine if your players and their families were subjected to interrogation by law enforcement, simply because they look a certain way,” the senator added.

Menendez said, “the Arizona law is an embarrassment to our country and a call to action to our communities to stand up against injustice.””For these reasons, I ask that you consider boycotting the All-Star Game in Arizona until SB1070 (the new law) is repealed, or the League decides to move the game to an alternate location,” Menendez wrote.(Reuters)

California Gov. Arnold Schwarzenegger : I'd be Deported under Arizona Immigration Law

California Gov. Arnold Schwarzenegger has already expressed his opposition to Arizona’s controversial new immigration law, and in a commencement address he gave Monday in Atlanta, he couldn’t help but take a crack at the law.”I was also going to give a graduation speech in Arizona this weekend. But with my accent, I was afraid they would try to deport me,” the Republican governor joked in his speech at Emory University.

Arizona’s new law, slated to go into effect in July, requires immigrants to carry documents verifying their immigration status. It also requires police officers to question a person about his or her immigration status after a “lawful stop” if there is “reasonable suspicion” that person may be illegally in the country.

The law has prompted protests nationwide, and a number of local lawmakers in California are moving to cut off their economic ties with Arizona.On NBC’s “Tonight Show” last month, Schwarzenegger called the law “a mess.””I would never do that in California. No way,” he said.The entertainer-turned-politician’s Austrian accent is often parodied, and Schwarzenegger has said in the past it is important for immigrants to learn English.