Sacramento, CA — Dozens of workers from Manteca-based Ace Tomato Inc. traveled Wednesday to the Sacramento headquarters of the Agricultural Labor Relations Board asking the agency to obtain a court order requiring the tomato grower to implement a contract with the United Farm Workers of America.
The ALRB last month ordered the employer to put in place the agreement hammered out by a neutral mediator with the participation of the company and the union. Now the union says Ace refuses to do so in violation of state law and after decades of delaying tactics since its workers voted for the UFW in a state-conducted election for union representation.
Leonardo Gonzalez is an Ace Tomato worker appealing to the ALRB on Wednesday. He was among the majority of 300 tomato workers who voted on Aug. 10, 1989, to have the UFW represent them. Twenty-three years later he is still waiting to enjoy the benefits of the union contract for which he voted, says the UFW.
The union claims that Ace Tomato failed to bargain in good faith for many years. Under a 2002 law allowing farm workers to bring in neutral mediators to work out union contracts when growers won’t negotiate, the mediator’s report, which becomes the legal contract, was submitted to the farm labor board in Sacramento. Ace Tomato objected to the mediator’s report, but on July 25 the ALRB rejected the objections and ordered the company to implement the final report from the mediator as the agreement. Ace Tomato still refused to implement it, says the union.
The ALRB sent the company a letter saying they would give them until 5 pm, Tuesday, August 7th, to respond to the UFW’s request.
Just how will the news last month that the company is changing hands at the end of year will affect negotions is not clear.Reports surfaced that Florida based Lipman Produce has acquired the firm from the Lagorio family of Stockton.
The UFW has had some success in field elections this year. particularly in the tomatoes where they have long sought contracts.
In the Salinas Valley, 422 vegetable workers recently voted to bring in the United Farm Workers at Amaral Ranches. Last week the State Farm Labor Board certified the UFW as the workers representative.Then the UFW signed a first-time union contract with Pacific Triple E Tomato Co., making its 800 fresh tomato workers in the Stockton area the highest paid tomato workers in America.
Then fresh tomato workers at Gargiulo Inc. near Firebaugh in west Fresno County went on strike July 9, and after -260 voted for the UFW on July 11, 186 to 40 (or 82 percent for the union). The state farm labor board certified the UFW as the workers’ representative on July 19, 2012.
The UFW says workers at both companies have elected a committee to take part in the bargaining and they are waiting for talks to begin.