Farmworkers seek removal of UFW Union via legal action at NY State Labor Board

UFW officials have attempted to dismiss Bell's petition, arguing that they are entitled to an "insulated period" post-card check during which employees cannot challenge the union's presence. In response, Bell's filing disputes this claim and argues against what he terms as specious legal theories presented by UFW lawyers.

Bell’s brief contends that “New York labor law does not indicate that employees have a single chance at self-organization,” allowing them continuous rights to choose their representatives. It also challenges the idea that card check campaigns should prevent further petitions against incumbent unions: “In fact, PERB’s FLFLPA regulations say the opposite…not only do the FLFLPA regulations not include an insulated period.”

This case echoes another situation in California involving Wonderful Nurseries workers who allege similar tactics by UFW officials during a card check campaign. They report harassment and threats following attempts to vote out the UFW.

Mark Mix, President of National Right to Work Foundation, criticized such tactics: “The aggressive and often demeaning tactics that UFW union officials use to seize power over agricultural workers show clearly why ‘card check’ is a bad idea in the agricultural sector... Forcing any workers under union representation they oppose is fundamentally wrong.”