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Nursery workers challenge California labor law over unionization dispute

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Nursery workers challenge California labor law over unionization dispute
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Milton L. Chappell | Staff Attorney (1976-Present) | NRTWLD&EF, Inc

A group of 20 employees from Wonderful Nurseries in Wasco, California, is seeking to intervene in a federal lawsuit challenging a state law that mandates union representation. The workers are opposing the United Farm Workers (UFW) union, which they claim was imposed on them through a coercive "card check" process. They are being represented by attorneys from the National Right to Work Legal Defense Foundation.

The lawsuit targets the California Agricultural Labor Relations Board's (ALRB) "mandatory mediation and conciliation" (MMC) process. This process follows the ALRB's certification of UFW as the exclusive bargaining representative for these workers. The employees argue that their rights have been violated and wish to protect their freedom of association and avoid forced union dues.

According to the complaint filed by the workers, California labor law allows unions to be certified if they submit authorization cards from a majority of workers, even if there are disputes about how those cards were obtained. The complaint highlights past incidents where UFW agents allegedly used threats and discriminatory practices to collect these cards.

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Claudia Chavez and Maria Gutierrez, two employees involved in this legal action, reported unfair labor practices during the union campaign. They allege that UFW representatives misled workers into signing membership cards under false pretenses.

Mark Mix, President of the National Right to Work Foundation, commented on the situation: “Wonderful Nurseries workers...are finding themselves fighting not only UFW lawyers but also the full weight of California’s top-down, draconian labor policy.”

The case references the 2018 Supreme Court decision Janus v. AFSCME, which ruled against mandatory union dues for public sector employees as a violation of First Amendment rights. The foundation's attorneys argue that imposing such contracts on farmworkers similarly infringes upon their constitutional rights.

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