Office of the President United Farm Workers of America, AFL-CIO La Paz, Keene, California 93531 Make-Whole Remedy The Board recently ordered three California companies to pay a "make- whole" remedy to the workers on their ranches. is a provision of the Agricultural Labor Relations Act that gives the Agricultural Labor Rela- tions Board the authority to order employers to re-imburse their workers for any loss of wages that result from the employer's refusal to bargain in good faith with a union selected by the workers in a secret ballot election con- ducted by the Board. The three companies who have been ordered to pay the "make-whole" are Superior Farms, Inc. in Delano, Waller Flower Seeds in Santa Monica and D' Arrigo Brothers in the Imperial Valley. At all three of these ranches, the workers had voted for the UFW in secret ballot elections. AGRICULTURAL LABOR -RELAtIONS BOARD -- Decisions K. K. Larson (Coachella) The Board issued an order on July 7 fin- ding that the UFW was not guilty of har- rassment charges brought against us by K. K. Larson in May 1977. We were accused of harrassing Celia Hernandez, a worker from Larson's ranch in Coachella. Celia Hernandez is known to UFW workers in the area as a notorious scab. She testified at the Board hearing in this case that she had crossed UFW picket lines in Bakersfield, Ducor and Delano in 1973. The alleged harrassing incident occured when she and Larson crossed another one of our picket lines. This time the line was in front of the ALRB office in Coachella, where Union members and organizers where protesting the in- competence of former ALRB General Council Harry Delizonna. When the workers recognized her and saw that she was once again going to cross a UFW picket line, they began to shout "Scab!" as she and Larson walked through our line and into the office. We were charg- ed with threatening Celia Hernandez and violating her legal rights. The ALRB, however, decided that our members hadn't violated the law by their comments to Celia Hernandez and the charges were dismissed. campaign. Members of the committee are Moises Alas, Jesus Alcala, Maria Alcala, Rafael Arciaga, Hector Flores, Yolanda Flores, Manuel Garcia, Jose Jacob, Aldino Jimenez, Emeterio Jimenez, Micaela Jimenez, Francisco Lizarraga, Francisco Martinez, Leonor Mendoza, Francisco Navarra, Juan Or- nelas, Rose Padilla, Rocky Penenato, . Magdelano Pinedo, Raul Rios, Santiago Rios, Romulo Rivera, Andres Rubio, Lidia Rubio, Ricardo Toledo, Jose Luis Valdera, Daniel Vargas and Alicia Ven- tura. The committee was assisted by UFW organizer Pedro Valdez. Vol. 1 No. 39 July31, 1978 ... As a result of this decision, the company offered to pay $5,779.00 to the 62 workers involved in the case so that the grievance could be resolved without fur- ther arbitration. The workers decided to accept the company's offer to resolve the grievance. Mountpelier Orchard Management Company is an almond ranch in Modesto that employs about 200 workers during the peak season. that the grievance be dismissed on the grounds that the workers hadn't filed it within the time limit stated in the con- tract. UFW Victory at Oshita On July 20, the Union won an election at the Oshita ranch in Salinas. The workers there voted; UFW, 154; no union, 40; challenged,81. Oshita produces mixed lettuce, onions, parsley, voychoy, spinach, and mustard. The company employs 280 workers during a 10 month peak season. This is a special victory since we had lost a previous election at this ranch to the Teamsters in 1975. The Agricultural Labor Relations Board overturned the election results in 1976 because of the number of unfair labor practices the Teamsters had committed during the election campaign. Last week's election win shows clearly that a strong majority of the workers at Oshita want to belong to the United Farm Workers of America. Special recognition should go to the organizing committee at Oshita who organized and ran the 4 week election ORGANIZING Settlement Christian Brothers (Napa) A grievance was settled recently with Christian Brothers winery in Napa. We had charged the company with construc- tively discharging Brother Ray Villanueva. The company claimed that he had Quit his job and would not let him return to work even though Brother Villanueva claimed that he had not Quit. The grievance was resolved when the company offered to reinstate Brother Villanueva at his old job as crew leader. Members of the Ranch Committee are Luis Trujillo, president; Ramona Espinoza, vice president and Jesus Rodriguez, Emilio Mendoza and Salvador Curiel. ewsletter resident's COLLECTIVE BARGAINING Arbitration Photo By DavidKoehler Executive Board Member Richard Chavez and Brother Kent Winterrowd plan Pen- sion Fund with workers. PRESIDENT'S OFFICE In a recent arbitration decision, ar- bitrator Jack Griffin found that a grievance filed by workers at the Mont- pelier Orchard Management Company regarding the failure of the company to pay for vacations had been timely filed. The company had previously argued Montpelier Orchard Management Co. (Modesto) Farmworkers Plan Pension Pro- gram --- On July 12, the first slide presentation explaining the Juan de la Cruz Pension Plan was shown to a gathering of members from the different ranch com- munities in Selma. Since then, Brothers Richard Chavez, Executive Board Member, and Kent Winterrowd have been visiting other ranch communities with the slide presentation to obtain the worker's input on how they think the plan should work. This is the first presentation of its kind because it provides an opportunity for the farm workers themselves to par- ticipate in putting together their own pension plan. Brothers Chavez and Winterrowd found workers in the areas they have visited anxious to contribute their energy and enthusiasm into plann- ing the Pension Fund. Brothers Chavez and Winterrowd will eventually take the "--' slide presentation to all the areas where we have contracts, certifications or pen- ding certifications. The worker's recom- mendations will then be compiled and presented to the Juan de la Cruz Pension Fund Board of Trustees for their final decision.
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Office of the PresidentUnited Farm Workers of America, AFL-CIO
La Paz, Keene, California 93531
Make-Whole RemedyThe Board recently ordered threeCalifornia companies to pay a "makewhole" remedy to the workers on theirranches. "Make~whole" is a provisionof the Agricultural Labor Relations Actthat gives the Agricultural Labor Relations Board the authority to orderemployers to re-imburse their workersfor any loss of wages that result from theemployer's refusal to bargain in goodfaith with a union selected by theworkers in a secret ballot election conducted by the Board.
The three companies who have beenordered to pay the "make-whole" areSuperior Farms, Inc. in Delano, WallerFlower Seeds in Santa Monica andD'Arrigo Brothers in the ImperialValley. At all three of these ranches, theworkers had voted for the UFW in secretballot elections.
AGRICULTURAL LABOR-RELAtIONS BOARD --
DecisionsK. K. Larson (Coachella)
The Board issued an order on July 7 finding that the UFW was not guilty of harrassment charges brought against us byK. K. Larson in May 1977.
We were accused of harrassing CeliaHernandez, a worker from Larson'sranch in Coachella. Celia Hernandez isknown to UFW workers in the area as anotorious scab. She testified at theBoard hearing in this case that she hadcrossed UFW picket lines in Bakersfield,Ducor and Delano in 1973.
The alleged harrassing incident occuredwhen she and Larson crossed anotherone of our picket lines. This time the linewas in front of the ALRB office inCoachella, where Union members andorganizers where protesting the incompetence of former ALRB GeneralCouncil Harry Delizonna. When theworkers recognized her and saw that shewas once again going to cross a UFWpicket line, they began to shout "Scab!"as she and Larson walked through ourline and into the office. We were charged with threatening Celia Hernandezand violating her legal rights.
The ALRB, however, decided that ourmembers hadn't violated the law by theircomments to Celia Hernandez and thecharges were dismissed.
campaign. Members of the committeeare Moises Alas, Jesus Alcala, MariaAlcala, Rafael Arciaga, Hector Flores,Yolanda Flores, Manuel Garcia, JoseJacob, Aldino Jimenez, EmeterioJimenez, Micaela Jimenez, FranciscoLizarraga, Francisco Martinez, LeonorMendoza, Francisco Navarra, Juan Ornelas, Rose Padilla, Rocky Penenato, .Magdelano Pinedo, Raul Rios, SantiagoRios, Romulo Rivera, Andres Rubio,Lidia Rubio, Ricardo Toledo, Jose LuisValdera, Daniel Vargas and Alicia Ventura. The committee was assisted byUFW organizer Pedro Valdez.
Vol. 1 No. 39July31, 1978
...
As a result of this decision, the companyoffered to pay $5,779.00 to the 62workers involved in the case so that thegrievance could be resolved without further arbitration. The workers decided toaccept the company's offer to resolvethe grievance.
Mountpelier Orchard ManagementCompany is an almond ranch inModesto that employs about 200workers during the peak season.
that the grievance be dismissed on thegrounds that the workers hadn't filed itwithin the time limit stated in the contract.
UFW Victory at OshitaOn July 20, the Union won an election atthe Oshita ranch in Salinas. The workersthere voted; UFW, 154; no union, 40;challenged,81.
Oshita produces mixed lettuce, onions,parsley, voychoy, spinach, and mustard.The company employs 280 workersduring a 10 month peak season.
This is a special victory since we had losta previous election at this ranch to theTeamsters in 1975. The AgriculturalLabor Relations Board overturned theelection results in 1976 because of thenumber of unfair labor practices theTeamsters had committed during theelection campaign. Last week's electionwin shows clearly that a strong majorityof the workers at Oshita want to belongto the United Farm Workers ofAmerica.
Special recognition should go to theorganizing committee at Oshita whoorganized and ran the 4 week election
ORGANIZING
SettlementChristian Brothers (Napa)
A grievance was settled recently withChristian Brothers winery in Napa. Wehad charged the company with constructively discharging Brother RayVillanueva. The company claimed thathe had Quit his job and would not lethim return to work even though BrotherVillanueva claimed that he had not Quit.
The grievance was resolved when thecompany offered to reinstate BrotherVillanueva at his old job as crew leader.
Members of the Ranch Committee areLuis Trujillo, president; RamonaEspinoza, vice president and JesusRodriguez, Emilio Mendoza andSalvador Curiel.
ewsletterresident's
COLLECTIVEBARGAINING
Arbitration
Photo By DavidKoehlerExecutive Board Member Richard Chavezand Brother Kent Winterrowd plan Pension Fund with workers.
PRESIDENT'S OFFICE
In a recent arbitration decision, arbitrator Jack Griffin found that agrievance filed by workers at the Montpelier Orchard Management Companyregarding the failure of the company topay for vacations had been timely filed.The company had previously argued
Montpelier Orchard Management Co.(Modesto)
Farmworkers Plan Pension Program
---On July 12, the first slide presentationexplaining the Juan de la Cruz PensionPlan was shown to a gathering ofmembers from the different ranch communities in Selma. Since then, BrothersRichard Chavez, Executive BoardMember, and Kent Winterrowd havebeen visiting other ranch communitieswith the slide presentation to obtain theworker's input on how they think theplan should work.
This is the first presentation of its kindbecause it provides an opportunity forthe farm workers themselves to participate in putting together their ownpension plan. Brothers Chavez andWinterrowd found workers in the areasthey have visited anxious to contributetheir energy and enthusiasm into planning the Pension Fund. Brothers Chavezand Winterrowd will eventually take the
"--' slide presentation to all the areas wherewe have contracts, certifications or pending certifications. The worker's recommendations will then be compiled andpresented to the Juan de la Cruz PensionFund Board of Trustees for their finaldecision.
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BOYCOTT COORS BEERAND ALL
J. P. STEVENSPRODUCTS
Companies that pay into the NagiDaifallah Farm Workers PooledVacation plan are David Freedman,Travertine Vineyard Association,Richard Glass, Ranch 2, Schell Ranch,Beckman and Bender, Valdora Produce,,,---,,,and Coachella Valley Citrus. All of theseranches are located in Coachella.
New ContractsBruce Church/Northern, Central andSouthern Calif./row cropsPrevedelli/Watsonville/apples, plums
New CertificationsF and P Growers Association/Oxnard/lemons/July 10.
Latest ElectionOshita/Salinas/mixed lettuce, onions,spinach/July 20/UFW-154, no union40, challenged-81.
RFK MEDICAL PLAN
Is the new born child covered byhis own benefits at birth?
It depends on the health of thebaby after the delivery. If there isno problem with the baby at birththen the Maternity Benefit is tocover the expenses of both themother and the baby. However, ifyour baby is ill or has an injuryrequiring longer hospitalization,that hospitalization from the dateof birth is payable by the baby'sHospital Benefit rather than by theMaternity Benefit.
Everyone is asked to honor the boycottand not sbop at Winn-Dixie or its affiliates until the company comes to anagreement with its workers in NewMexico.
LABOR
Retail Clerks and Meat CuttersBoycott Winn-DixieAt its 1977 convention, the AFL-CIOunanimously voted to "actively and en-thusiastically support a nationwideboycott of Winn-Dixie stores" inresponse to a plea for help from theRetail Clerks and Meat Cutters unions.
Winn-Dixie, the fourth largest foodretailer in the nation and the largest inthe southeast and southwest, brings inannual retail sales of $4 billion. It has1,150 stores in 14 states and employs51,000 workers.
A boycott of Winn-Dixie and its affiliated stores (Kwik Chek, Foodway,and Buddies) was called as a result of thecompany's long standing record of laborlaw violations and unfair and illegaltreatment of workers. The particular incident that preceeded the call for a national boycott occured when Winn-Dixiebought up the Foodway chain inNew Mexico. Immediately after the Does the Plan pay a Maternitycompany obtained control of the chain, Benefit ifmy dependent child has aWinn-Dixie launched a massive attack to baby while I am still responsibledrive the Retail Clerks and Meat Cutters for her?out of the 20 stores where the unions No. The Plan pays only on therepresented workers under c?ntract. In pregnancy of a member or the wifethe ,Process, the com~any VIOlated the of a member if they have the hoursNatIOnal Labor RelatIOns Act and has to qualify for Medium Category.already been found guilty of 26 labor Photo by Ned Dunphy
law violations. In the face of a con- Chicano Leader __ Leaders from majortinuing pattern of unfair treatment of Chicano community groups visited us at Laemployees and labor law violations the Paz on July 13, to express support for the
. '0 C AL NOTICES Union and discuss current issues facingRetaIl Clerks and the Meat Cutters FFI I Spanish-speaking people in the U.S. Edstruck 16 of the Wmn- lXle r way -oraga, past preSident or League or IIstores in New Mexico. Nagi Daifallah Vacation Plan United Latin American Citizens (above),
presented us With a plaque recognizingExecutive Board Member Richard If you have worked or are working in a UFW's struggle before a La Paz com·Chavez spoke at a rally of striking company that pays into the Nagi muni~ meeting. Also with us were Luis
. '. Rodrlguez and Jess Durasco of Amencanworkers and then supporters m Las Dalfallah Farm Workers Pooled GI Forum, Bob Griego and Art Montoya ofCruces, New Mexico on June 3. Brother Vacation Plan for you, you must send in IMAGE (representing Chicano govern-Chavez's appearance at the rally came a completed Application for Vacation ment workers), and Domingo Rodriguez,
. . newly apPOinted Los Angeles City Fireexactly one year after the stnke of the Benefits to the Vacation Plan office m Commissioner.New Mexico stores was called. La Paz in order to qualify for Vacation
Brother Chavez told the crowd "I think Plan Benefits. You will receive a checkthere a number of communities across in December at the address given on thethe country that are willing to serve the Application.boycott. We can be influential in talking If you change your address orto them and get them to help the Retail beneficiary - the person who will receiveClerks in their fight against Winn- your Vacation Plan Benefit in case ofDixie...If they (Retail Clerks) extend the your death - or if you have not receivedboycott everywhere that this chain an Application, fill out an Applicationoperates, the employers will soon find and send it to the Plan office in La Paz.out that, once it gets underway, they are No Vacation Plan Benefits will be paidnot dealing only with a local area. I where the Plan has received no com-think they will change their minds." pleted Application.
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p~es.ident's~ewsletter
Office of the PresidentUnited Farm Workers of America, AFL-CIOLa Paz, Keene, California 93531
Non-Profit OrganizationBULK RATE
U.S. POSTAGEPAID
Keene, Calif. 9353.1
Permit No. I
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