Farmworkers challenge NY & CA laws allowing union control without employee vote

Both statutes enable unions to be certified as bargaining agents once they present enough signed cards to relevant state boards—California’s Agricultural Labor Relations Board (ALRB) or New York’s Public Employment Relations Board (PERB). However, allegations of misconduct during this process can only be addressed post-certification.

Bell and Estrame's complaint further claims that FLFLPA violates constitutional rights due to its lack of provisions protecting workers from union malfeasance. It states: “does not require that unions fairly represent employees, does not give employees a right to refrain from union activity, and does not give employees a right to file unfair labor practice charges against a union.”

In California, Wonderful Nurseries' employees were allowed by the U.S. District Court for the Eastern District of California to intervene in an existing lawsuit against ALRB on May 19. In New York, Bell and Estrame filed their motion on May 21 seeking intervention in another suit challenging FLFLPA.

Chavez and Gutierrez have described various misleading tactics used by UFW officials during card collection efforts. These include misrepresentations related to COVID-19 benefits requiring signatures on membership cards and presenting documents only in English or misrepresenting their content.

Additionally, Bell and Estrame argue that FLFLPA disrupts their immigration status under the H2-A visa program by including them within its statutory framework—a move they claim violates federal immigration regulation authority as per their complaint.

“These farmworkers from New York and California are challenging the use of so-called ‘card check’ organizing campaigns... But they really speak for countless workers across industries who have faced intimidation," said National Right to Work Foundation President Mark Mix. He emphasized the need for secure secret ballot elections for workers deciding on union representation.