Wednesday, May 6, 2009

UFW ousted from Napa vineyard

UFW ousted from Napa vineyard

http://www.pressdemocrat.com/article/20090430/BUSINESS/904309931/1350?Title=UFW-ousted-from-Napa-vineyard

By Kevin McCallum
THE PRESS DEMOCRAT
Published: Thursday, April 30, 2009

The United Farm Workers union has been ousted from the first Napa
Valley vineyards it successfully unionized more than four decades
ago, a move that could further erode the union's influence in Wine Country.

The state Agricultural Labor Relations Board on Wednesday certified
the results of an election removing the UFW from representing workers
at Vista Vineyard Management in St. Helena.

Of the 60 workers who voted in the June 2008 election, 39 voted
against the union, 18 voted to keep it and three votes were
contested, said Sam Turner, the company's president.

"I'm glad that the workers got to decide for themselves their
representation," Turner said.

Most workers who voted against the union resented paying the UFW 2
percent of their wages, Turner said.

But UFW organizer Casimiro Alvarez said the vote is another example
of big wine companies turning to contract labor forces to undermine
the union founded by Cesar Chavez in the 1960s.

"In the Napa and Sonoma areas, I'm very clear the grape industry is
fighting against the union," Alvarez said. "They are putting a lot of
money to destroy the union."

The vote is the latest setback to the UFW's efforts to hold on to
gains it made unionizing farmworkers in Wine Country. The union was
ousted from Sonoma-Cutrer in 2003 and from Saralee's Vineyards in
Windsor in 2007.

But the union has proven itself skilled at thwarting efforts to pry
it loose from some vineyards. In 2004, it reversed a vote to evict it
from E&J Gallo's vineyard operations in Sonoma County. It has also
blocked a similar 2007 vote by Gallo vineyard workers in Sonoma
County, although an anti-union worker has appealed the vote.

And last year it reversed its 2006 ouster at Charles Krug Winery,
winning the reinstatement of its 24 workers.

In the Vista case, it took nearly a year for the results of the 2008
election to become official.

It started when agricultural employee Cecilio Samario filed a
petition to decertify the union, triggering an election. The UFW
filed a variety of unfair labor practices over the vote, which caused
the ALRB to impound the ballots. Once those and other charges were
dismissed by the ALRB, the ballots were counted April 8.

The UFW made various appeals, contending it had not been given an
accurate list employee contact information, Turner said.

The union made the same charge against Gallo Vineyards, Inc., its
largest contract on the North Coast, over a 2007 vote. An
administrative law judge ruled last month the vote to oust the union
should be overturned because the company gave the union an employee
list with at least 75 invalid addresses. The ruling is being appealed.

At Vista, however, there were only four errors on the employee list,
and the ALRB dismissed the union's appeals, Turner said.

Alvarez said Vista has steadily reduced the number of unionized
workers it employs while increasing the number of workers hired
through farm labor contractors. He contends the company intentionally
hired more non-union contract workers to reduce the union's influence.

He also predicted the workers will likely lose the wages, between $9
and $12 an hour, and benefits they enjoy.

Turner denied both claims. He said he has increased the number of
sub-contracted workers, but only because they allow him greater
flexibility and increased productivity. And he vowed to maintain
workers' wages at current levels.

"We're going to continue treating them with respect and dignity and
continue the wages and a similar benefits package," Turner said.

The contract was one of the UFW's first in the state and its longest-running.

The 1967 agreement was originally struck with Christian Brothers
Winery, which was later sold to Heublein, which morphed into British
drinks giant Diageo. The contract covered workers farming about 435
acres of vineyards, Turner said.

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