Gov. Arnold Schwarzenegger today vetoed a bill that would have allowed California farmworkers the right to join a union if a majority signed representation cards instead of having to hold secret-ballot elections.
Sponsored by the United Farm Workers Union, Senate Bill 789 by Senate President Pro Tem Darrell Steinberg, D-Sacramento, is similar to two previous UFW-supported measures the governor vetoed after they were approved by the Democratic-controlled Legislature.
While farmworkers are excluded from the right to unionize under federal law, the late UFW leader Cesar Chavez fought California's farm industry to establish the right to unionize here with a state law.
In 1975, that fight bore fruit when the California Agricultural Labor Relations Law was passed and signed by former Gov. Jerry Brown.
Current UFW president Arturo Rodriguez argues that for years employers have undermined that law by frequent intimidation of mostly immigrant and undocumented workers after they choose to hold a union election.
Under the state law, a farmworker election must be held within seven days after a majority of workers sign a petition. During that time, Rodriguez says, workers have been threatened with retaliation and some have been fired.
The farm industry contends that farmworkers can report experiences of retaliation to the Agricultural Labor Relations Board. But Rodriguez says that the investigations have not been fair.
In his veto, Schwarzenegger said: "While I support the right of agricultural employees to voluntarily seek and choose representation if they wish, and ensuring that existing labor laws are enforced is a top priority for my administration, I cannot support this alteration of the secret ballot process."
Assemblyman Juan Arambula, I-Fresno, supported the bill, echoing Rodriguez's complaints. "I believe farmworkers should have the right to organize freely without intimidation or retaliation," he said, "and the current procedures are insufficient to protect workers."
"We are disappointed, but we are not surprised. It has become very clear that the governor has no idea what it is like to work in the fields as a farm worker," the UFW said in a statement. "His decision today to veto SB789 shows a deep disconnection between his words and the reality that thousands of farm workers have to endure every day while harvesting the fruits and vegetables that feed America."
Call The Bee's Susan Ferriss, (916) 321-1267.
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