California Labor Relations Board Enters Strawberry Farm Labor Dispute

The California Agricultural Labor Relations Board has filed a petition for
injunctive relief against a Ventura County strawberry farming operation
alleging unfair labor practices and seeking to stop the respondent from
interfering with employees’ free exercise of rights under the labor code. State
v. Montalvo Farms, LLC, No. 56-2012-00416985 (Cal. Super. Ct.,
Ventura Cty., filed May 9, 2012). According to the petition, the farm hires
Mixteco farmworkers, most of whom speak neither English nor Spanish. Due
to language constraints, these workers allegedly endure “worse working
conditions than other agricultural workers, including pervasive undercounting
of their strawberry boxes picked, supervisors who charge for rides to
work, injuries on the job that are ignored, and outright discrimination due to
their inability to speak Spanish fluently.”

One Mixteco worker, who is fluent in Mixteco and Spanish, apparently worked
at the farm for several years and became a spokesperson for the Mixteco
workers. He allegedly requested “better working conditions such as cleaner
drinking water, cleaner restrooms placed closer to where the employees
are working, a wage increase, and an end to the discrimination against and
mocking of the way Mixteco employees speak Spanish.” He also purportedly
became involved in union-organizing activities, conduct that allegedly
coincided with the farm’s refusal to re-hire him. The farm allegedly launched
an anti-union campaign that included, according to the complaint, employee
intimidation, refusal of union access and a physical assault. The petition seeks
an order requiring the farm to cease and desist violating state labor law, take
affirmative action to effectuate the law’s policies and reinstate the worker
who began organizing his fellow employees.