Latest in UFW v. Wonderful Nurseries now considered in Kern County Superior Court
BAKERSFIELD, Calif. (KGET) — A protest and counterprotest outside the Kern County Superior Court Wednesday morning marked the latest in an ongoing battle between UFW and the Wonderful Nurseries Company.
Members of the United Farm Workers union rallied in support of unionizing, while workers with the Wonderful Nurseries company say they don’t need a union. The back and forth between the two sides has grown messier, but at its core, it’s about unionizing and how easy joining one should be for California’s farmworkers.
“I will be present. The union will be present,” those with the UFW chanted in Spanish.
Meanwhile, Wonderful workers in attendance held signs that read in both English and Spanish, “Do not ignore us. Hear our voices. Allow us to vote.”
In 2023, California started a new union authorization method called a card check law. If a majority of employees sign an authorization card, all employees become part of a union. That’s why Wonderful Nurseries and the UFW have been clashing now for months.
“This law offers a lot of protection,” said Xochilt Nu?ez, a farmworker represented by the UFW. “I had the privilege of working under a union last year. I never felt more at peace working in the fields, harassment was non-existent, there was no discriminations, and it also provided us with the opportunity to negotiate our wage.”
Nu?ez added, “Hopefully this law doesn’t get struck down and continues forward, on the national level. I walked from Delano to Sacramento and waited 31 days for the law to pass…I think it’s unjust that a company that has money to pay its workers can just come in and strike it because they don’t agree with it.”
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The California Agricultural Labor Relations Board (ALRB) authorized UFW to represent Wonderful workers, saying a majority signed on. Wonderful and 148 of its workers allege they were tricked by the UFW into signing a card and are asking for their votes back. Hearings on that matter have been ongoing for months and have moved to a remote format.
Now, Wonderful has filed a lawsuit against the ALRB here in Kern County, challenging the state card check law itself.
While there was no ruling during Wednesday’s three-hour hearing, the judge said he’ll also decide if the hearings between Wonderful and the UFW continue while the future of the card check law itself is debated.
Many Wonderful employees against unionization have continuously told 17 News there is no need for one. Whether with pay or working conditions, they’ve maintained the company treats them well.
Nu?ez, on the other hand, said, “I worked at [The Wonderful Company] and so did my son…If you call in sick or miss work for whatever reason, you’re easily replaced. Farmworkers should be respected not just as a person, but also for their seniority in the company.”
Below is the full statement from Wonderful Nurseries.
“Today, the Court acknowledged the serious issues raised in the Wonderful Nurseries’ constitutional challenge to the card check law — a positive step for the hundreds of farmworkers who continue to courageously speak out in defense of their right to choose whether or not they want to be part of a union. We appreciate and understand the need for further consideration of this important matter and look forward to continuing to address the Court on the merits of this issue.
Our motion is centered on ensuring that the extreme flaws inherent in the existing card check law are considered and addressed before it is further applied by the UFW at the expense of farmworkers. It’s about the significant gaps in transparency, privacy and informed consent that led two pro-union governors to veto this legislation before it became law. And it’s about the extraordinary allegations made by farmworkers of rampant fraud prior to the state board’s rushed certification.”
Also in an email correspondence, UFW said of Wednesday’s hearing, “Today was the first hearing. No injunction was granted.”
A Wonderful spokesperson alleged to 17 News none of the UFW rally attendees were Wonderful Nurseries workers themselves.
When asked about the comment, Elizabeth Strater, director of strategic campaigns for UFW, said, “No, that is not true.”
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