http://www.bakersfield.com/102/story/68171.html

UFW president: Growers exploit immigration status

BY VIC POLLARD , Californian Sacramento Bureau
e-mail: vpollard@bakersfield.com | Wednesday, Aug 16 2006 11:05 PM

Last Updated: Wednesday, Aug 16 2006 11:09 PM

SACRAMENTO -- The dramatic increase in undocumented agricultural workers in recent years has given growers a powerful new weapon against union-organizing efforts, lawmakers were told Wednesday.

United Farm Workers union President Arturo Rodriguez and other advocates said Bakersfield-based Giumarra Vineyards and other growers have successfully defeated the union by using the immigration status of workers to frighten them into voting against unionization.

They said that and other tactics by the growers constitute intimidation and coercion, which is illegal in union elections but there are no effective remedies under the law.

Giumarra officials, who were the main target of the charges, declined to appear at a hearing and a call to the company by The Californian seeking comment was not returned.

Rodriguez testified at the hearing by two state Senate committees about a union election on Sept. 1 of last year at Giumarra, which is billed as the largest table grape grower in the nation. He said nearly 75 percent of the company's 3,000 workers signed petitions requesting union representation, but in balloting seven days later, the union lost by 123 votes.

He said Giumarra officials and work crew supervisors also threatened all workers with the loss of their jobs if they voted for the union, but he said he believes the threats based on immigration status were the most effective.

"We have a largely undocumented work force," Rodriguez said. "When they risk losing everything they have, that has a serious impact."

That was the tactic used by one foreman at an impromptu meeting in the field the day before the election, said a worker who claimed he was not rehired by Giumarra this year because he supported the union.