Deciding the United Farm Workers established a prima facia case that misconduct by Giumarra Vineyards Corp. tainted the Sept. 1, 2005 election among its table grape workers in Kern and Tulare counties, the state Agricultural Labor Relations Board on Thursday ordered a Jan. 10, 2006 hearing to investigate eight objections to the election filed by the union.

The ALRB's ruling is based on evidence submitted in September by the UFW with its formal objections, which included 40 declarations sworn under penalty of perjury. The multi-day session beginning on Jan. 10 before a state hearing examiner will be an investigative hearing where evidence will be presented and testimony heard. The hearing examiner will then issue a recommendation to the members of the farm labor board who sit in Sacramento.

"If blatant bullying and terrorism from the Giumarras had not tainted the election, the union would have won a lopsided victory," UFW President Arturo Rodriguez says. "After the evidence and testimony is considered, we expect the ALRB will invalidate the election."

The ALRB's Notice of Order Setting Election Objections for a Hearing seeks to investigate whether company conduct cited in eight union-filed objections affected the voting:

• Giumarra instituting the payment of waiting or standby time for packing shed workers in August when it had not previously been offered.
• Sal Giumarra and company superintendents and foremen telling workers the grower would face financial ruin or major job cuts if employees voted for the UFW.
• Foremen threatening workers that Giumarra would no longer provide housing to employees and workers would be denied unemployment benefits if the union prevailed.
• Sal Giumarra and other employer agents telling workers the company would shift from table grape to juice and wine production?producing widespread job losses?if the UFW won.
• Foremen threatening undocumented workers with being fired if they voted for the union.
• A foreman interrogating workers about their support for the UFW.
• A foreman forcing workers to remove and stop wearing union buttons.
• Assistant foremen remaining in the polling areas while workers cast ballots.

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