UFW Stays on Sidelines on Farmworker Overtime Bill

UFW Stays on Sidelines on Farmworker Overtime Bill

http://www.beyondchron.org/news/index.php?itemid=8196

by Randy Shaw
Jun. 08‚ 2010

When Congress passed the National Labor Relations Act in 1935, it
exempted two classes of largely non-white workers from coverage:
domestic workers and farmworkers. The California Legislature followed
up on this discriminatory treatment in 1941 by exempting farmworkers
from receiving overtime pay, an exclusion modified in 2001 but that
still denies those working in the fields the same right to overtime
after working eight hours a day and forty hours a week available to
other workers. Last week, State Senate Majority Leader Dean Florez
won Senate passage of a bill to give farmworkers equal overtime
rights. But as the bill moves to the Assembly, the United Farm
Workers union ­which would be expected to be leading the struggle ­
has broken from the rest of organized labor and not endorsed Florez's measure.

Progress for Low-Wage Workers

Last week saw two promising developments for domestic workers and
farmworkers long denied equal labor protections with other workers,
originally on racial grounds.

In New York, the State Senate passed a domestic workers' bill of
rights ­ guaranteeing paid holidays, sick days, vacation days and the
right to overtime pay and collective bargaining. Since the Assembly
passed a similar bill last year, the measure should soon become law.

Significantly, the New York Times editorial in favor of the domestic
workers bill also urged legislators to "revive and pass a
long-stalled bill with similar protections for farm workers." This
echoes its April 6, 2009 editorial on behalf of a federal farmworker
justice bill, a campaign whose launching the preceding week I wrote about here.

There was also good news for low-wage workers in California. Senator
Dean Florez won Senate passage of SB 1121, which guarantees equal
treatment for farmworkers under state overtime laws. Florez, whose
summer job as a teenager in a hot Central Valley potato packing house
gave him first hand experience of the rigors of such labor, has long
championed farmworkers. Florez now faces term limits, and wants to
end the overtime injustice for farmworkers before leaving office.

Obstacles to Passage

Winning enactment of Florez's bill will not be easy.

As anyone familiar with the history of California agriculture knows,
the State Legislature and/or Governor have long prioritized
agribusiness over farmworkers. Cesar Chavez and the UFW began
changing this dynamic in the 1970's, and the UFW has long been seen
as the key counterbalance to growers' vast political clout.

That's what makes the UFW's failure to endorse Florez's bill so
surprising. And in case anyone thinks that the UFW's silence means
that there is something amiss with the bill, consider the California
Labor Federation's letter of support, which states:

"Under existing law, farmworkers do not earn overtime until after the
10th hour of work or after the sixth day. This is simply wrong.
Farmworkers do some of the most demanding physical labor. They are
exposed to chemicals and pesticides on a daily basis. They work in
extreme temperatures, often beginning before the sun rises and ending
after it sets. What group is more deserving of overtime protection or
more in need of rest at the end of the day and week than these workers?"

The UFW Position

According to UFW spokesperson Maria Machuca, "it's great what Senator
Florez is doing and we totally agree with his legislation." But she
said the UFW currently has "no plans to endorse SB 1121," as the
union "is focusing on the majority sign-up legislation."

Machuca also noted "farm workers have mixed feelings on the issue of
overtime. Many want to be treated like other workers who receive
overtime after eight hours. At the same time, they fear growers will
reduce their hours if the general standard on overtime is applied to them."

Sounds like the UFW needs to bolster its worker education. After all,
the same arguments could be used against any measures to increase
wages or benefits to farmworkers, or even to reduce pesticides in
fields (growers have long argued that the UFW's insistence on
anti-pesticide contract provisions hurts workers).

Florez Remains Optimistic

I asked Florez about the UFW's non-endorsement, and he said he had
"no doubt that the UFW will eventually come on board." He said he
understood that the UFW had other state and federal priorities, and
is particularly trying to get a card check recognition bill signed by
the Governor.

But Florez also made clear that SB 1121 "needs everyone's support,"
and that people are wrong to assume that Schwarzenegger will veto the
bill: "Giving farmworkers the same compensation for overtime as other
workers is a moral issue. Many said the Governor would veto my
legislation holding those responsible for pesticide drift, and he signed it."

On the other hand, Schwarzengger has vetoed UFW-backed card check
recognition bills for farmworkers three times, and is likely to do so
again this fall.

The Return of Jerry Brown

The UFW's legislative success in the 1970's was repeatedly frustrated
by pro-grower Governor Ronald Reagan. It took UFW ally Jerry Brown's
election in 1974 to change this dynamic, and to pass the Agricultural
Labor Relations Act in 1975.

History may be about to repeat itself. Should Brown take office next
year, farmworkers will have a Governor who will eagerly sign the
overtime bill and, if the UFW can build sufficient support, their
card-check measure as well.

Governor Schwarzenegger knows Brown will sign the overtime measure,
and might want to get some good press before he leaves office by
signing the Florez bill. It would likely earn him a great New York
Times editorial on his way out of office, and help him out at home
given his wife's relationship to the historically pro-UFW Kennedy family.
--

Randy Shaw is the author of Beyond the Fields: Cesar Chavez, the UFW
and the Struggle for Justice in the 21st Century.

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