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California Agricultural Labor Relations Act of 1975

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California Agricultural Labor Relations Act of 1975
California State Legislature
Full nameCalifornia Agricultural Labor Relations Act of 1975
AcronymCALRA
IntroducedApril 10, 1975
Signed into lawJune 4, 1975
GovernorJerry Brown
Status: Current legislation
(amended)

The California Agricultural Labor Relations Act (CALRA) [note 1] is a landmark[2] statute in United States labor law that was enacted by the state of California in 1975,[3] establishing the right to collective bargaining for farmworkers in that state, a first in U.S. history.[4]

The goal of the Act is to "ensure peace in the agricultural fields by guaranteeing justice for all agricultural workers and stability in labor relations."[5] The Act, part of the California Labor Code, explicitly encourages and protects "the right of agricultural employees to full freedom of association, self-organization, and designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and to be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection."[6]

The Act established rules and authorized regulations similar to those of National Labor Relations Act, a federal law which formally protected the collective bargaining rights of most American workers except farm and domestic workers.[7] The California Agricultural Labor Relations Board (ALRB) administers the Act. The ALRB has two functions: To conduct, oversee, and certify representation elections, and to investigate unfair labor practice (ULP) charges and pursue remedies.[4] Administrative law judges and agency staff adjudicate most cases, with the five-member Board serving as a final arbiter.[4]

Background

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Collective bargaining rights for most hourly workers in the United States were first given legal protection in 1933 by Section 7a of the National Industrial Recovery Act (NIRA). Although NIRA did not specifically exempt agricultural laborers from the protection of the Act, the Roosevelt administration—eager to win over farm-state members of Congress—argued that farmworkers were excluded.[2][8] When the National Labor Relations Act (NLRA) was enacted in 1935, it, too, specifically exempted agricultural workers due to pressure from the "farm bloc" in Congress.[7][8][9] Although a number of attempts were made in the 1920s, 1930s and 1940s to organize farm laborers, these efforts were unsuccessful.[10]

In August 1966, the National Farm Workers Association and Agricultural Workers Organizing Committee, two unrecognized and relatively minor labor unions claiming to represent farm workers in California, merged to form the United Farm Workers Organizing Committee (the predecessor organization to the United Farm Workers).[11] Adopting the philosophy of pacifism in the face of often violent reaction to its organizing efforts and engaging in strikes, hunger strikes, boycotts and secondary boycotts (including the particularly successful Delano grape strike), marches, rallies, and cutting-edge public relations campaigns, the United Farm Workers (UFW) began organizing large numbers of agricultural laborers into unions.[11] In some cases, the UFW even won recognition and negotiated contracts.[4][11]

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The Salad Bowl strike

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Main article: Salad Bowl strike

A series of violent strikes and inter-union jurisdictional battles set the political stage for passage of the California Agricultural Labor Relations Act. By 1969, the UFW was on the verge of winning the four-year-old Delano grape strike.[11] But as the Delano grape strike seemed to be ending, an attempt by the International Brotherhood of Teamsters to organize farm laborers in the Salinas Valley in California led to the costly "Salad Bowl strike."[12] Six thousand drivers and packing workers represented by the Teamsters struck on July 17, 1970, winning a contract on July 23 under which growers gave the Teamsters, not the UFW, access to farms and the right to organize workers into unions.[13][14][15] Secret talks between the UFW and the Teamsters led to an agreement to return jurisdiction over the field workers to the farm union,[13][16] but the agreement collapsed on August 23 and 7,000 UFW workers struck the Salinas Valley growers.[17] Violence, sporadic at first but increasingly widespread, began to occur in the fields.[18] On December 4, federal marshals arrested and jailed César Chávez.[19] Two days later, an anti-union mob nearly rioted when former Olympic gold medal-winning decathlete Rafer Johnson and Ethel Kennedy, widow of slain Senator Robert F. Kennedy visited Chávez in jail.[11] The two unions signed a new jurisdictional agreement reaffirming the UFW's right to organize field workers,[20]

Worsening violence of the jurisdictional dispute

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The Teamsters resumed their dispute with the UFW in December 1972, which led to further extensive disruptions in the state agricultural industry, mass picketing, mass arrests, and extensive violence.[4][21][22] Many growers signed contracts with the Teamsters on April 15, and thousands of UFW members began picketing in the fields.[23] Mass arrests jailed more than 1,700 UFW members by late July (some county jails had three times the number of detainees they were legally capable of holding),[24] and UFW members accused law enforcement officers of beating detainees.[25]

Soon organizing battles between the two unions became violent. "Flying squads" of Teamsters began attacking UFW supporters in broad daylight in the Coachella Valley.[11][26] The violence worsened when the dispute moved into the Delano vineyards. Seventy farm workers were attacked on July 31, a UFW picketer was shot on August 3, five firebombs were thrown at UFW picket lines on August 9, two UFW members were shot on August 11, and a UFW picketer was shot to death on August 16.[27] Finally, a tentative agreement was reached on September 27, 1973; the Teamsters again agreed to leave jurisdiction over farm field workers to the UFW.[28][29]

The new agreement did not last long. On November 7, just 41 days later, the Teamsters union said it would not repudiate the contracts it had signed.[30] But the UFW now had too few resources and membership to do much about it.[4][21][31] The UFW deployed its best strategic weapon, the boycott, and kept up the push for a national boycott of grapes, wine and lettuce.[32] The Teamsters reiterated their pledge to uphold their contracts in November.[33]

By late 1974, many observers concluded that the UFW was no longer a viable force. It called a few small strikes, defied court injunctions to stop picketing, and continued pushing its national boycotts. [34] But in July, it was forced to end picketing at some grape fields near Delano.[35] The Teamsters were in no better position to win organizing battles. It had opened a major organizing drive in March 1974 [36] and established a regional farm workers' local in June,[37] but the effort was in chaos by November.[38] Newspaper columnists, however, began wondering in June whether the UFW had any capacity to fight, and by February 1975 had concluded the union had no future.[39]

The Modesto march and the push for legislation

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The ongoing fight between the Teamsters and UFW and its effect on UFW's organizational viability led César Chávez to seriously consider legal reform as a solution to his union's problems.[11][40] Chávez had rejected legislative solutions in the past by arguing that a truly successful union movement must be built from the ground up rather than rely on top-down activity.[11][40] But Chávez began to reconsider this stand in light of the attacks by the Teamsters. Additionally, the time seemed right for a legislative program: Jerry Brown, long an avid supporter of the UFW, had been elected Governor of California in November 1974.[11] Brown had even hired LeRoy Chatfield, a former high-level UFW staffer, as one of his key aides.[11][40]

Once in office, however, Brown's support for the UFW cooled.[11][40] The UFW knew it had to make a strong political showing in order to push Brown and the California State Legislature to act.[11][40][41]

The UFW considered more mass picketing, more rallies, and more boycotts, but the union was worried that it had lost the support of farm workers and the public and that such events would point out the weakness of the union rather than its strength.[11] Instead, the UFW settled on a 110-mile (180 km) march by a small group of UFW leaders from San Francisco to the E & J Gallo Winery in Modesto.[11] The organizers envisioned a small but dramatic march that would not require large numbers of participants. Just a few hundred marchers left San Francisco on February 22, 1975.[40][41][42] But more than 15,000 people joined them en route by the time they reached Modesto on March 1.[40][41][43]

The spontaneous, spectacular success of the Modesto march garnered significant media attention, and proved that the UFW still had the support of farm workers.[11][40][41]

Legislative history of CALRA

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The dramatic success of the Modesto march energized the farm labor movement in California. Governor Brown quickly began pushing for labor law reform. Grower resistance never emerged, as many employers were reluctant to continue the fight against the UFW. "The grape boycott scared the heck out of the farmers, all of us," said one major grower, and employers did not want another UFW boycott.[11][21][40][41][44]

Previous legislative efforts

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Several previous efforts to enact legislation protecting collective bargaining rights for farm workers had emerged in California between 1969 and 1975, but all had failed. César Chávez had briefly supported labor law reform in California in April 1969,[45] and Conservative Republican State Senator George Murphy had sponsored a bill backed by Republicans and growers the same year to guarantee the right to organize, imposed secret-ballot elections, and restricted the right to strike and to engage in boycotts.[46] But the Murphy bill, as well as a less restrictive bill in the State Assembly, died.[47] Murphy introduced an even more restrictive bill in 1970, but that too failed.[48]

The first positive sign for labor law reform came in 1971. An association of major growers agreed to support legislation which provided for recognition of farm worker unions in January 1971.[49] The State Senate narrowly approved a bill opposed by the UFW, but the Assembly killed the measure.[50] Based on the support for the growers in the State Senate, the growers backed a ballot measure, Proposition 22, which would have guaranteed the right to organize but placed heavy restrictions on the right to strike, boycott, and picket.[51] California's then-Secretary of State, Jerry Brown, sued to have Proposition 22 removed from the ballot amid allegations of signature fraud on the approving petition, violation of child labor laws (children as young as six years old were alleged to have been paid to collect signatures), and bribery.[52] The measure went down to defeat.[53]

The next legislative push came in 1973. The American Farm Bureau Federation, the nation's largest association of farmers and a representative of many California growers, proposed amending the federal National Labor Relations Act to permit agricultural workers to organize.[54] The change led California Governor Ronald Reagan to introduce a bill in the California state legislature that would permit agricultural field workers to unionize under secret ballot elections as well as ban secondary boycotts.[55] But the state Assembly did not pass the bill.[56] However, Jerry Brown—declaring that a "bloody civil war" existed in the Central Valley—came out in favor of a legislative solution in August 1973.[57] Brown, a longtime labor attorney who had met César Chávez in 1968, had long supported the UFW and helped introduce UFW leaders to Hollywood stars, directors, and studio heads in order to help the union win critical support in the entertainment industry.[11]

Brown's public support and his impending run for governor (which was widely anticipated) led Chávez to make a stronger push for labor law reform in 1974. Chávez and John F. Henning, Executive Secretary-Treasurer of the California Labor Federation (the state body of the AFL-CIO, wrote the bill and first-term Chicano Assemblyman Richard Alatorre (D-Los Angeles) introduced the bill.[11][40][58] But Governor Ronald Reagan led opposition which killed the bill.[59]

Passage

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Jerry Brown's election as governor significantly improved the chances of passing a bill in 1975.[60] Two of the 26 paragraphs of Brown's inaugural address were devoted to the need for farm labor legislation, Assembly Speaker Leo T. McCarthy voiced his support for the legislation.[61]

The bill which would eventually become CALRA was introduced in both chambers of the state legislature on April 10, 1975.[62] Top UFW staff member Dolores Huerta acted as the farm worker union's chief lobbyist.[63] With McCarthy, some growers, and the UFW behind the bill, a key State Senate committee approved the bill on May 7.[64] Key labor unions (including the Teamsters), arguing that card check rather than secret ballot elections should be the bill's preferred method of resolving unionization disputes, opposed the bill.[65] Nonetheless, a key State Assembly committee approved it on May 12, despite attempts by some Teamster members to intimidate legislators into opposing the bill.[66] The opposition was countered by the UFW, which held rallies to support the bill, and agreement was reached on May 19 on a compromise bill.[67]

By that time, however, the deadline for passing a bill out of its chamber of origination had passed, and Governor Brown was forced to call a special session of the legislature to pass the farm labor bill.[68] A Senate committee approved the bill on May 21, the full Senate passed the bill on May 26, two Assembly committees reported the bill on May 27, and the Assembly passed the bill and set it to Governor Brown for his signature on May 29.[69] Just 50 calendar days were needed to pass the bill. Governor Brown signed the legislation into law on June 4, 1975.[3]

Structure of the Act

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The Act defines agriculture to include farming (which includes cultivation and tillage of soil; dairy production; cultivation, growing, and harvesting of agricultural or horticultural commodities; raising livestock, bees, furbearing animals, or poultry; and/or forestry or lumbering operations), and includes all activities incidental to or in conjunction with agriculture (such as preparation for market, transportation, or storage).[70] Employees are defined in the Act, but the definition excludes anyone engaged in construction, painting, building repair, or land moving operations unrelated to the preparation of land for cultivation.[71]

The Act establishes a five-member Agricultural Labor Relations Board (ALRB), whose five-year terms are staggered so that one member's term ends on January 1 of each year.[72] The ALRB must issue a written report on its activities to the Governor and Legislature each year,[73] may establish officers or offices and delegate all or part of its authority to such on an as-needed basis,[74] and has extensive investigatory, subpoena, and enforcement powers.[75]

The Act defines unfair labor practices for both employers and labor unions.[76] Section 1154 (d) of the Act bans strikes (including recognition strikes) by workers who have not selected an organization as their labor representative through the procedures outlined by the Act, but protects secondary picketing and publicity only if the labor union is the certified bargaining representative or has not lost an election at the worksite in the past 12 months and only if the publicity or picketing does not induce others to engage in strikes.[77] Section 1154.5 explicitly bans hot cargo agreements.[78] The Act also requires bargaining in good faith.[79]

The Act outlines procedures similar to those of the National Labor Relations Act for electing a representative labor organization.[80] Only secret ballot elections are permitted.[81] The Board has the right to determine the correct bargaining unit,[82] and an election is triggered only when a petition signed by a majority of current workers is presented.[83] There are several bars to holding an election (including the existence of an existing certified labor organization, an election was held and lost within the previous 12 months, and an election was held but no contract executed within the previous 12 months).[84]

To encourage the adoption of collective bargaining agreements, the Act (as amended) provides for the declaration of an impasse, mandatory and binding 30-day mediation and conciliation, review of the mediator's report, and court review of binding mediation.[85] The Act contains a "make-whole" remedy for bad-faith bargaining intended to encourage employers to bargain in good faith. Under this provision, the ALRB can "take affirmative action including...making employees whole, when the Board deems such relief appropriate, for the loss of pay resulting from the employer's refusal to bargain".[86]

Implementation

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Governor Brown nominated the ALRB's first five members (a Catholic bishop, a farmer, a member of La Raza Unida Party, a former UFW official, and a former Teamsters attorney) on June 23, 1975, just 18 days after signing the Act into law.[87] The ALRB had an initial budget of $1.5 million ($6.46 million in 2009 inflation-adjusted dollars).[88]

CALRA went into effect on August 28, 1975.[89] Draft regulations governing the operation of the Board and secret ballot organizing elections were issued 10 days earlier, but did not address the controversial issue of whether union organizers would have access to the workplace (e.g., fields).[89][90] The ALRB issued rules giving organizers access to fields on August 29, and the UFW filed for the first union elections under the Act on September 1.[91] But a federal district court enjoined the Board from implementing its worksite access rules on September 3[92]—putting a halt to some ballot-counting in several elections.[93] By the end of the first week of elections, the UFW had won 22 bargaining units and the Teamsters 13, while growers had alleged the UFW had committed unfair labor practices in several elections.[94] The California Supreme Court lifted the ban on union organizers in the fields on September 18, and the ALRB issued its first formal ULP complaints (against two growers) the next day.[95]

The inexperience of the Board and its agents, the large number of court challenges to the new law, the large number of elections held, and the large number of alleged violations of the law led to significant delays in voting, ballot-counting, and enforcement.[96] A special panel of attorneys and investigators was named by Governor Brown on October 4 to help alleviate the backlog,[97] and strengthened penalties for anyone found guilty of committing a ULP were put in place on October 16 to help reduce the number of violations.[98]

Impact of the law

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By the end of January 1976, the ALRB had received 604 election petitions, conducted 423 elections involving over 50,000 workers (80 percent of elections had objections filed), received 988 ULP charges, issued 254 citations for violations of the Act, and issued 27 decisions.[88] Between 1975 and 1984, unions won 88 percent of all elections, but between 1984 and 2003 won less than 50 percent of elections.[99] By 1994, however, two-thirds of all elections had been held in the Act's first three years, and since 1978 about half of all elections had been decertification elections.[100]

Despite the large number of union elections, CALRA's effect on union membership seems mixed at best. Much of this evidence focuses on the UFW, assumed to be the prime beneficiary of the Act. Membership in the UFW fell from a high of more than 70,000-60,000 in 1972 to a low of 6,000-5,000 in 1974, but rose to just 18,000 by 1977.[28][101][102] The Teamsters, however, had more than 55,000 farm worker members by 1977.[28][101] The UFW had only six major collective bargaining agreements by 1994 (one vegetable grower, four citrus growers, one mushroom grower, and a host of small nurseries).[100] However, one study concludes that mass importation and use of illegal immigrants—not flaws in CALRA—are holding down additional collective bargaining gains.[100] Others conclude (on the basis of anecdotal evidence) that the Teamsters have signed sweetheart deals with perhaps as many as 375 growers, holding down membership gains for the UFW.[101][103] Others criticize the ALRB for being politicized. Critics point to the change in the Board in 1980, when George Deukmejian, the new Republican governor of California, replaced the Brown board with allegedly pro-grower members, leading to low union confidence in the Board's impartiality and a severe decline in the number of election petitions brought before the board.[104]

One positive outcome has been the end of jurisdictional warfare between the UFW and Teamsters. The UFW signed an agreement with the Teamsters in March 1977 in which the UFW agreed to seek to organize only those workers covered by CALRA, while the Teamsters agreed to organize all other agricultural workers.[105] The agreement also led the UFW to end its boycott of lettuce, grapes, and wine in February 1978.[106] Why did the two unions sign the agreement? UFW officials claimed the Teamsters were on the verge of losing a jurisdictional battle for 50,000 workers being decided by the ALRB, but at least one press report indicated that the scandal-scarred union wished to burnish its public image.[102]

It is also not clear whether CALRA has had a beneficial effect on the Californian economy. One study concluded that the Act actually resulted in a net economic loss: Higher prices were being charged for produce, farm worker earnings and land values had actually dropped.[107] However, another analysis has concluded that these economic effects are minimal compared to the reduction in poverty which has occurred.[108]

The Act's "make-whole" provision has also come under scrutiny. Although the make-whole provision's goal is laudable, it is argued, the Board's decisions have led to litigation that lasts for years and mitigate the impact of any awards.[109]

Efforts at revision

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A number of efforts to revise CALRA have been made over the years. The first significant effort came in 2000, when Democratic Governor Gray Davis vetoed an effort to expand CALRA's reach to stablehands at the state's horse racing tracks.[110]

A major revision was enacted in 2002. A rising number of impasses in collective bargaining appeared to be frustrating the purpose of CALRA.[111] The UFW backed two bills which would impose binding arbitration and mediation on unions and employers if an impasse was declared.[111][112] The bills passed the state legislature in August 2002, and Governor Davis signed them into law in October.[99][112][113] Growers filed suit in state court to have the amendments declared unconstitutional, but a state appeals court upheld the revisions in 2006.[114]

Another attempt to revise the law in 2007 was also unsuccessful. The UFW backed a bill which would allow card check unionization, arguing that large majorities of workers signed union authorization cards but then were intimidated into voting against the union during the election process. The growers argued that the UFW was either duping or intimidating workers into signing union authorization cards, and that the secret ballot voting revealed the true feelings of workers.[115] But the bill did not pass either chamber.

Footnotes

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  1. ^ Also referred to as the "Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975"[1]

References

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  1. ^ Gerald A. Brown, Chairman (January 24, 1978). "First Annual Report of the Agricultural Labor Relations Board for the fiscal years ended June 30, 1976, and June 30, 1977" (PDF). Retrieved July 25, 2017.
  2. ^ a b Editorial. "Farm Workers’ Rights, 70 Years Overdue." New York Times. April 5, 2009.
  3. ^ a b "Governor Signs Historic Farm Labor Legislation." Los Angeles Times. June 5, 1975.
  4. ^ a b c d e f Hurt, R. Douglas. American Agriculture: A Brief History. Lafayette, Ind.: Purdue University Press, 2002. ISBN 1-55753-281-8
  5. ^ Agricultural Labor Relations Act of 1975, Cal.Stats. 1975, Third Extraordinary Session, c. 1 Sec. 1 at 4013.
  6. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1140.2.
  7. ^ a b Higgins, John E. and Janus, Peter A. The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act. 5th ed. Washington, D.C.: BNA Books, 2006. ISBN 1-57018-585-9
  8. ^ a b Weber, Devra. Dark Sweat, White Gold: California Farm Workers, Cotton, and the New Deal. Berkeley, Calif.: University of California Press, 1996. ISBN 0-520-20710-6
  9. ^ The NLRA was not the only federal law to discriminate against farmworkers. The Social Security Act of 1935 and Fair Labor Standards Act of 1938 also excluded them. See: Hurt, American Agriculture: A Brief History, 2002.
  10. ^ Bernstein, Irving. The Lean Years: A History of the American Worker, 1920-1933. Paperback ed. Baltimore: Penguin Books, 1972. ISBN 0-395-13657-1 (Originally published 1960); Bernstein, Irving. The Turbulent Years: A History of the American Worker, 1933-1941. Paperback edition. Boston: Houghton-Mifflin Co., 1970. ISBN 0-395-11778-X (Originally published 1969.)
  11. ^ a b c d e f g h i j k l m n o p q r Feriss, Susan; Sandoval, Ricardo; and Hembree, Diana. The Fight in the Fields: Cesar Chavez and the Farmworkers Movement. New York: Houghton Mifflin Harcourt, 1998. ISBN 0-15-600598-0
  12. ^ Bernstein, Harry. "Harvest, Shipping Near Standstill in 'Salad Bowl' Strike." Los Angeles Times. August 26, 1970.
  13. ^ a b "From Fruit Bowl to Salad Bowl." Time. September 14, 1970.
  14. ^ "Strike By Teamsters Hits Produce Crops." Los Angeles Times. July 18, 1970; "Salinas Agreement Ends Lettuce Strike." Los Angeles Times. July 24, 1970; "6,000 Back in Lettuce Fields." Los Angeles Times. July 25, 1970.
  15. ^ "Chavez Union Plans Salinas Protest Walk." Los Angeles Times. July 31, 1970.
  16. ^ Bernstein, Harry. "Battle Between Teamsters and Chavez Looms." Los Angeles Times. August 5, 1970; Bernstein, Harry. "Chavez Union and Teamster Talks Revealed." Los Angeles Times. August 7, 1970; Bernstein, Harry. "Teamsters Give Chavez Clear Field to Organize Farm Hands." Los Angeles Times. August 13, 1970.
  17. ^ "Coast Workers Vote Strike At 27 Vegetable Ranches." Associated Press. August 24, 1970; Bernstein, Harry. "Massive Farm Strike Begins." Los Angeles Times. August 25, 1970; Bernstein, Harry. "5,000-7,000 Strike in Largest Farm Walkout in U.S. History." Los Angeles Times. August 25, 1970.
  18. ^ Roberts, Steven V. "Fear and Tension Grip Salinas Valley in Farm Workers' Strike." New York Times. September 6, 1970; "Union Office Is Bombed." New York Times. November 5, 1970.
  19. ^ Roberts, Steven V. "Chavez Is Jailed In Lettuce Strike." New York Times. December 5, 1970; "Chavez Jailed First Time, Urges Union to Press Boycott." Los Angeles Times. December 5, 1970.
  20. ^ Bernstein, Harry. "New Pact to End Unions' Long Lettuce Dispute Reported Near." Los Angeles Times. March 17, 1971; Turner, Wallace. "Chavez-Teamsters Pact Ends Lettuce Labor Rift." New York Times. March 27, 1971; Bernstein, Harry. "New Teamster-Chavez Peace Treaty Signed." Los Angeles Times. March 27, 1971; Kendall, John. "Chavez Signs Nation's Largest Independent Lettuce Producer." Los Angeles Times. April 24, 1971; Bernstein, Harry. "Teamsters Ask Farms to Sign Chavez Pacts." Los Angeles Times. May 12, 1971.
  21. ^ a b c Arneson, Eric, ed. Encyclopedia of U.S. Labor and Working-Class History. New York: Routledge, 2007. ISBN 0-415-96826-7
  22. ^ Bernstein, Harry. "Teamsters President Proposes Alliance With Growers Group." Los Angeles Times. December 13, 1972; Bernstein, Harry. "Teamsters to Seek New Farm Pacts; Fight With Chavez Seen." Los Angeles Times. December 14, 1972; "Teamsters End a Truce With Chavez's United Farm Workers." New York Times. December 15, 1972.
  23. ^ "Teamsters Gain California Farms." New York Times. April 16, 1973; Del Olmo, Frank. "Teamsters Sign First Grape Pacts." Los Angeles Times. April 16, 1973.
  24. ^ "33 Farm Worker Pickets Arrested." Los Angeles Times. April 18, 1973; "135 More Picketers Held In Coast Vineyard Dispute." New York Times. April 20, 1973; "350 Pickets of UFWU Jailed in Kern County." Los Angeles Times. July 18, 1973; Del Olmo, Frank. "450 Arrested in Kern County Farm Dispute." Los Angeles Times. July 19, 1973; "Chavez' Pickets Defy Court Order; Kern County Jail Full." Los Angeles Times. July 21, 1973; Caldwell, Earl. "Grape Workers Assail Judges As Arrests of Pickets Continue." New York Times. July 21, 1973; "Arrest Toll Is 1,700 For Chavez Pickets." New York Times. July 22, 1973.
  25. ^ Del Olmo, Frank. "Chavez Seeks Inquiry Into Policing of Strike." Los Angeles Times. July 18, 1973; Del Olmo, Frank. "Inquiry Urged Into Charges of Beatings of Jailed Pickets." Los Angeles Times. July 26, 1973; Townsend, Dorothy. "FBI Asked to Probe Charges of Brutality to Grape Strikers." Los Angeles Times. July 29, 1973.
  26. ^ Pandol, Jack. "Violence on the Grape Farms." Los Angeles Times. July 14, 1973.
  27. ^ "70 Nonunion Farm Workers Attacked." Los Angeles Times. July 31, 1973; Del Olmo, Frank. "Arrests, Trouble Mark Second Day of Escalated Grape Strike." Los Angeles Times. August 1, 1973; Del Olmo, Frank. "Court Curbs Pickets at Major Vineyard." Los Angeles Times. August 2, 1973; Caldwell, Earl. "Picket Shot, Many More Arrested in Grape Strike." New York Times. August 3, 1973; "Firebombs Hurled in Area Of Grape Labor Disputes." New York Times. August 9, 1973; "2 Chavez Pickets Shot in Clash With Nonunion Workers." Los Angeles Times. August 11, 1973; "Shots Fired at Chavez' Son in Vineyard Fight." Los Angeles Times. August 15, 1973; "Chavez Picket Shot to Death On Coast." New York Times. August 17, 1973; Del Olmo, Frank. "Chavez Picket Shot to Death in Violence Near Bakersfield." Los Angeles Times. August 17, 1973.
  28. ^ a b c Shabecoff, Philip. "Chavez Reaches Tentative Accord." New York Times. September 28, 1973.
  29. ^ "Chavez Says Pact Means Teamsters Will Leave Fields." New York Times. September 29, 1973./
  30. ^ Shabecoff, Philip. "Teamsters Shift Stand on Coast." New York Times. November 8, 1973.
  31. ^ Bernstein, Harry. "Teamsters, Chavez Peace Precarious." Los Angeles Times. November 9, 1973.
  32. ^ Bernstein, Harry. "Chavez Calls for Wine, Grape, Lettuce Boycott." Los Angeles Times. November 10, 1973; "Grape and Lettuce Boycott to Widen." New York Times. November 10, 1973.
  33. ^ Bernstein, Harry. "Teamsters Pledge to Honor Farm Pacts." Los Angeles Times. November 16, 1973; Bernstein, Harry. "Teamsters Broke Chavez Peace Promise-Meany." Los Angeles Times. November 17, 1973; "Meany Says Teamsters Renege On a Farm Labor Peace Accord." New York Times. November 17, 1973; Steiger, Paul and Bernstein, Harry. "Fitzsimmons Reverses Position." Los Angeles Times. November 22, 1973.
  34. ^ "Chavez Calls 2-Day Strike." New York Times. February 19, 1974; "Farm Union to Defy Court In Gallo Boycott Picketing." New York Times. March 3, 1974; Bernstein, Harry. "Chavez Wins AFL-CIO Backing for Boycott." Los Angeles Times. April 8, 1974; "Boycott of California Crops Supported by A.F.L.- C.I.O." New York Times. April 9, 1974; Shabecoff, Philip. "A.F.L.-C.I.O. Backs Chavez Boycott." New York Times. April 17, 1974; "Chavez Union Defies Court Ban on Lawsuits." Los Angeles Times. November 3, 1974; "Farm Union and A.C.L.U. Fight Coast Judge's Curb on Lawsuits." New York Times. November 4, 1974; "Judge on Coast Dissolves Order Restricting Suits by Farm Union." New York Times. November 17, 1974.
  35. ^ Del Olmo, Frank. "UFWA Ends Picketing at Some Grape Fields." Los Angeles Times. July 6, 1974.
  36. ^ Bernstein, Harry. "Teamsters Open Massive Drive to Eliminate Chavez Farm Union." Los Angeles Times. March 29, 1974.
  37. ^ "Teamsters Start Farm Union Local." New York Times. June 7, 1974.
  38. ^ "Teamsters Local Termed in 'Chaos'." New York Times. November 10, 1974.
  39. ^ Powers, Charles T. "Chavez and the State of His Union." Los Angeles Times. June 23, 1974; Griffith, Winthrop. "Is Chavez Beaten?" New York Times. September 15, 1974; Taylor, Ronald B. "Chavez's Union: A Future?" New York Times. February 8, 1975.
  40. ^ a b c d e f g h i j del Castillo, Richard Griswold and Garcia, Richard A. Cesar Chavez: A Triumph of Spirit. Stillwater, Okla.: University of Oklahoma Press, 1997. ISBN 0-8061-2957-3
  41. ^ a b c d e Levy, Jacques E.; Chávez, César; Ross, Fred Jr.; and Levy, Jacqueline M. Cesar Chavez: Autobiography of La Causa. Minneapolis: University of Minnesota Press, 2007. ISBN 0-8166-5049-7
  42. ^ "Farm Union Begins A Protest March." New York Times. February 23, 1975; Del Olmo, Frank. "Chavez Union Marches to Back Winery Boycott." Los Angeles Times. February 25, 1975.
  43. ^ Del Olmo, Frank. "Chavez Forces Gather for Rally." Los Angeles Times. February 28, 1975; Del Olmo, Frank. "Demonstrators at Gallo Aim for Farm Labor Law." Los Angeles Times. February 28, 1975; "The State." Los Angeles Times. March 2, 1975.
  44. ^ Feriss, Sandoval, and Hembree, The Fight in the Fields: Cesar Chavez and the Farmworkers Movement, 1998, p. 161.
  45. ^ Bernstein, Harry. "Chavez Moves for Revision of Proposed Laws." Los Angeles Times. April 10, 1969.
  46. ^ Bernstein, Harry. "Murphy Will Offer Bill on Farm Worker Union." Los Angeles Times. April 18, 1969; "Sen. Murphy Offers Bill to Bar Tactics Like the Grape Boycott." Los Angeles Times. April 30, 1969.
  47. ^ Averill, John H. and Seeger, Murray. "Murphy Move on Farm Labor Bill Under Fire." Los Angeles Times. May 23, 1969; "Assembly Bill Proposed Rules for Farm Unions." Los Angeles Times. July 18, 1969.
  48. ^ "Farm Workers Strike Ban Asked by Murphy." Los Angeles Times. Jan 21, 1970; Bernstein, Harry. "Chavez Rejects Secret Farm Vote Proposal." Los Angeles Times. July 2, 1970.
  49. ^ Bernstein, Harry. "Growers Will OK Farm Unions in Policy Change, Official Says." Los Angeles Times. January 20, 1971.
  50. ^ Gilliam, Jerry. "Senate Narrowly Passes Farm Labor Bill Opposed by Chavez." Los Angeles Times. October 5, 1971; Gilliam, Jerry "Assembly Committee Kills Last Farm Labor Bill of '71 Session." Los Angeles Times. October 28, 1971.
  51. ^ Grant, Allan. "The Farm Labor Initiative--Fair to All or All Too Unfair?" Los Angeles Times. August 31, 1972; Vizzard, James L. "The Measure Would Restrict the Union to the Point That It Would Be Killed." Los Angeles Times. August 31, 1972; Bernstein, Harry. "Prop. 22: Two Sides of the Farm Labor Issue." Los Angeles Times. September 21, 1972.
  52. ^ Endicott, William. "Brown Sues to Remove Farm Ballot Measure." Los Angeles Times. September 14, 1972; Oliver, Myrna. "Prop. 22 Signatures Forged, Suit for $60 Million Charges." Los Angeles Times. October 6, 1972; Farr, William. "5 Charged With Fraud on Prop. 22 Petitions." Los Angeles Times. November 3, 1972; Oliver, Myrna. "Judge Orders Halt to 3 Proposition 22 TV Ads." Los Angeles Times. November 3, 1972.
  53. ^ Endicott, William. "Voters Hand Stern Rebuttal to Costly Proposition Drives." Los Angeles Times. November 9, 1972.
  54. ^ Bernstein, Harry. "Farmers Change Stand on Workers." Los Angeles Times. December 15, 1972.
  55. ^ Gilliam, Jerry. "Farm Labor Bill Asks Secret Union Elections." Los Angeles Times. April 27, 1973.
  56. ^ "Farm Labor Bill Defeated in Committee." Los Angeles Times. June 29, 1973.
  57. ^ "Brown Asks Emergency Farm Labor Legislation." Los Angeles Times. August 19, 1973.
  58. ^ Bernstein, Harry. "Chavez, AFL-CIO Back Bill for Secret Farm Union Balloting." Los Angeles Times. March 6, 1974; "Farm Labor Measure to Be Introduced." Los Angeles Times. March 11, 1974.
  59. ^ Bernstein, Harry. "Chances Slim for Farm Workers' Secret Ballot." Los Angeles Times. August 15, 1974; Gilliam, Jerry. "Assembly OKs Secret Farm Ballot Measure." Los Angeles Times. August 20, 1974; "Sweeping Farm Labor Bill Planned." Los Angeles Times. August 23, 1974.
  60. ^ Bernstein, Harry. "Results of Election Boost Chances for 2 Key Labor Bills ." Los Angeles Times. November 8, 1974.
  61. ^ "Farm Labor Bill--Making a Start." Los Angeles Times. March 31, 1975.
  62. ^ "Sweeping Farm Labor Bill Introduced in Sacramento." Los Angeles Times. April 10, 1975; Skelton, George. "Brown Offers Bill on Farm Workers." Los Angeles Times. April 11, 1975.
  63. ^ Ruíz, Vicki and Korrol, Virginia Sánchez. Latinas in the United States: A Historical Encyclopedia. Bloomington, Ind.: Indiana University Press, 2006. ISBN 0-253-34681-9
  64. ^ Goff, Tom. "McCarthy Supports Farm Bill." Los Angeles Times. May 1, 1975; Bernstein, Harry. "Key Growers and Chavez Back Brown's Farm Bill." Los Angeles Times. May 7, 1975; Bernstein, Harry. "Senate Committee Approves Governor's Farm Labor Bill." Los Angeles Times. May 8, 1975.
  65. ^ Endicott, William. "Brown Amends Farm Bill in Compromise." Los Angeles Times. May 6, 1975; Taylor, Ronald B. "Farm Union Peace Is Seen On Coast." New York Times.May 8, 1975; Bernstein, Harry. "Union Coalition Moves to Kill Brown's Farm Bill." Los Angeles Times. May 9, 1975; Bernstein, Harry. "Farm Labor Bill Waylays Teamster-Grower Talks." Los Angeles Times. May 10, 1975; "Teamsters Threaten Strike If Farm Bill Is Enacted." Associated Press. May 13, 1975.
  66. ^ Teamster members and others tried to seize control of the Assembly committee meeting, standing on desks, chanting, and pushing legislators. UFW members and their supporters engaged in scuffles with these individuals. See: "California Farm Bill Backed By Panel as Unionists Fight." United Press International. May 14, 1975; Stammer, Leo. "Farm Labor Bill OKd by Assembly Panel." Los Angeles Times. May 13, 1975.
  67. ^ "Parade Here Backs Efforts by Chavez To Unionize Farms." New York Times. May 11, 1975; Bernstein, Harry. "McCarthy Joins Unions in Seeking Farm Bill Change." Los Angeles Times. May 15, 1975; Bernstein, Harry. "Pact on Farm Bill Rejected by Teamsters." Los Angeles Times. May 17, 1975; "2,800 Rally at Capitol to Back Farm Measure." Los Angeles Times. May 19, 1975; Bernstein, Harry. "Agreement Reached on Farm Labor Bill." Los Angeles Times. May 20, 1975.
  68. ^ Bernstein, Harry. "Farm Labor Accord Sets Stage for Special Session." Los Angeles Times. May 20, 1975.
  69. ^ "Teamsters Back Farm Labor Accord." New York Times. May 21, 1975; Gilliam, Jerry. "Farm Bill Clears Senate Panel 4-1, Faces One More." Los Angeles Times. May 22, 1975; Gilliam, Jerry. "Senate Passes Farm Labor Bill." Los Angeles Times. May 27, 1975; Gilliam, Jerry. "Farm Labor Bill Moves Quickly Toward Passage." Los Angeles Times. May 28, 1975; Gilliam, Jerry. "Assembly Sends Farm Bill to Brown for Signing." Los Angeles Times. May 30, 1975.
  70. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1140.4 (a).
  71. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1140.4 (b).
  72. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1141.
  73. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1143.
  74. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1141-1150.
  75. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Sections 1151 and 1160.
  76. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1152-1155.
  77. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1154 (d).
  78. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1154.5.
  79. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1155.2-1155.3.
  80. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1156-1159.
  81. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1156.
  82. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1156.2.
  83. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1156.3 (a).
  84. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1156.3-1156.7.
  85. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1164.
  86. ^ Agricultural Labor Relations Act. California Labor Code. Division 2, Part 3.5, Section 1160.3.
  87. ^ "Five to Be Named to Farm Labor Vote Board." Los Angeles Times. July 24, 1975; "Bishop, Farmer, Unionists on New Farm Labor Unit." Los Angeles Times. August 17, 1975.
  88. ^ a b Martin, Philip. "Labor Relations in California Agriculture: 1975-2000." Changing Face. 6:4 (October 2000).
  89. ^ a b Bernstein, Harry. "Farm Labor Law in Effect." Los Angeles Times. August 29, 1975.
  90. ^ "Farm Election Rules Released." Los Angeles Times. August 19, 1975.
  91. ^ Bernstein, Harry. "Unions Win Access to Fields." Los Angeles Times. August 30, 1975; Bigham, Joe. "UFWA Files First Petitions for Elections." Los Angeles Times. September 2, 1975.
  92. ^ Stammer, Larry. "Union Access to Fields Curbed." Los Angeles Times. September 4, 1975; "U.S. Judge Enjoins California From Enforcing Rule Giving Union Aides Access to Farms." New York Times. September 4, 1975.
  93. ^ "Farm Labor Tally Barred On Coast." New York Times. September 6, 1975.
  94. ^ "Farm Union Leads Teamsters In Coast Bargaining Elections." New York Times. September 13, 1975; "Growers Charge Unfair Labor Practices After UFWA Wins." Los Angeles Times. September 14, 1975.
  95. ^ Bernstein, Harry. "UFWA Wins State High Court Ruling." Los Angeles Times. September 19, 1975; Bernstein, Harry. "Union Access to Farms Gets Judge's OK." Los Angeles Times. October 11, 1975; Bernstein, Harry. "Farm Labor Board Takes Historic Step." Los Angeles Times. September 20, 1975.
  96. ^ Bernstein, Harry. "Enforcement of Farm Law to Be Tightened." Los Angeles Times. September 30, 1975.
  97. ^ "Brown to Name Farm Labor Unit." New York Times. October 5, 1975.
  98. ^ Bernstein, Harry. "Farm Labor Board Moves to Crack Down on Growers." Los Angeles Times. October 17, 1975.
  99. ^ a b Martin, Philip and Mason, Bert. "Mandatory Mediation Changes Rules for Negotiating Farm Labor Contracts." California Agriculture. January-March 2003.
  100. ^ a b c Voos, Paula Beth. Contemporary Collective Bargaining in the Private Sector. Ithaca, N.Y.: Cornell University Press, 1994. ISBN 0-913447-60-9
  101. ^ a b c "Rendering to Cesar." Time. September 22, 1975.
  102. ^ a b "Render Unto Cesar." Time. March 21, 1977.
  103. ^ Bacon, David. The Children of NAFTA: Labor Wars on the U.S./Mexico Border. Berkeley, Calif.: University of California Press, 2004. ISBN 0-520-23778-1; Rosales, Francisco Arturo. Chicano!: The History of the Mexican American Civil Rights Movement. Houston, Tex.: Arte Publico Press, 1997. ISBN 1-55885-201-8; Lifsher, Marc. "UFW Seeks New Way to Organize." Los Angeles Times. September 14, 2007.
  104. ^ F. Arturo Rosales. "The Agricultural Labor Relations Act." In Mexico and the United States. Lee Stacy, ed. Tarrytown, N.Y.: Marshall Cavendish, 2002. ISBN 0-7614-7402-1
  105. ^ Turner, Wallace. "Chavez and Teamsters Sign Accord." New York Times. March 11, 1977.
  106. ^ "Chavez Ends the Boycotts Of Lettuce, Grapes, Wine." New York Times. February 1, 1978.
  107. ^ Cottle, Rex L.; Macaulay, Hugh H.; and Yandle, Bruce. "Some Economic Effects of the California Agricultural Labor Relations Act." Journal of Labor Research. 4:4 (December 1983).
  108. ^ Martin, Philip L. Promises to Keep: Collective Bargaining in California Agriculture. Ames, Iowa: Iowa State University Press, 1996. ISBN 0-8138-2988-7
  109. ^ Martin, Philip L. and Egan, Daniel L. "The Makewhole Remedy in California Agriculture." Industrial & Labor Relations Review. 43:1 (October 1989).
  110. ^ Rivera, Carla. "Governor Vetoes New Labor Rules for Stable Hands." Los Angeles Times. October 2, 2000.
  111. ^ a b Alvarez, Fred. "Bill Could End Impasse at Pictsweet." Los Angeles Times. July 8, 2002.
  112. ^ a b Greenhouse, Steven. "Farm Union Bill Holds Peril for California Leader." New York Times. August 9, 2002.
  113. ^ Jones, Gregg. "Davis Signs Two Bills Mandating Mediation in Disputes." Los Angeles Times. October 1, 2002.
  114. ^ Alvarez, Fred. "Fate of New Farm Labor Bill Rests With Davis." Los Angeles Times. September 15, 2003; Hirsch, Jerry. "Mediator Can Impose Terms of Labor Pact." Los Angeles Times. July 7, 2006.
  115. ^ Sallady, Robert. "Bill Would Alter Farm Union Voting Practices." Los Angeles Times. April 19, 2007; Lifsher, Marc. "UFW Seeks New Way to Organize." Los Angeles Times. September 14, 2007.

Further reading

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