Assembly approves bill making it easier for farmworkers to organize -- but will Gov. Jerry Brown sign?
Farmworker advocates got a big, but unsurprising, win Monday when the state Legislature approved a bill that would let agricultural workers organize more easily -- and, supporters say, protect the vulnerable population from abuse. Now, the question is whether Gov. Jerry Brown will sign the controversial measure, which is opposed by the powerful agricultural industry.
Measures identical to SB104, by Senate President Pro Tem Darrell Steinberg, D-Sacramento, have passed both houses of the Legislature numerous times in years past, but were vetoed by former Gov. Arnold Schwarzenegger, a Republican.
The proposal would give agricultural workers the right to create a union through what's known as a "majority signup election" process (called "card-check" by opponents). Currently, farmworkers can only choose collective bargaining representation by a secret ballot vote; the measure would let a majority of workers at any company choose union representation by simply signing a petition.
Proponents say the measure will make it easier to protect agricultural workers from abuse, citing the case of Maria Isavel Vasquez Jimenez. The 17-year-old, pregnant farmworker died three years ago, according to authorities, after her supervisors violated state heat protection laws by failing to provide shade and water as she pruned grapes for nine hours in nearly triple-digit heat in a San Joaquin County vineyard. Two farm supervisors were charged with involuntary manslaughter but only received community service and probation after striking a plea deal with prosecutors.
Supporters argued Monday that intimidation by farm owners makes it virtually impossible for workers to organize into labor unions, and for agricultural employees to get existing laws enforced.
"A failure by the state to enforce the law isn't an isolated incident, it is pattern and practice and it is a disgrace," said Assemblyman Luis Alejo, D-Watsonville. "This is our fifth attempt to give the hardest working individuals in our state who want to organize themselves an additional option ... farmworkers aren't asking government or the courts for much."
But Republican opponents argued that the measure would actually result in farmworkers being coerced by powerful unions, and that it would result in fewer workers and more technology being used to pick California's crops.
"SB104 hurts the very people that you all claim to want to protect," said Assemblyman Bill Berryhill, R-Modesto. "There is no excuse for the death of a farmworker -- someone should pay, there are no two ways about it. But make no mistake, this simply opens up farmworkers to incredible bullying tactics."
The Senate approved SB104 earlier this year, and the Assembly passed it 51-25 on Monday, with not a single Republican in support. After the vote was taken in the Assembly, dozens of farmworkers in the lower houses' chambers erupted into applause.