More Union Organizers in the Field

The United Farm Workers (UFW) has filed additional Notices of Intent to Take Access (NAs) this week as they continue their purported effort to detect non-compliance with the Heat Illness Prevention standard and report that non-compliance to Cal/OSHA.  Under the ALRA, UFW and other unions can seek limited access to farm fields by filing a Notice of Intent to Take Access (NA) with the Agricultural Labor Relations Board (the Board).  Union organizers can legally access farm fields on private property once the petition is granted by the Board. 

Materials being given to workers by UFW bears the UFW logo and that of Cal/OSHA.  The materials include a questionnaire asking workers for identity information as well as asking if they have been provided shade and water at their work site. 

Farm employers have certain rights too:

• Control access to your property.
• Train your supervisors to "greet" anyone seen in the field who is not an employee, and ascertain their purpose in being there.
• Direct non-employees to the farm office or to a supervisor.
• Remind employees they are under no obligation to talk to anyone they don't want to talk to.

Remember that while law enforcement agencies have a legal right to access in the conduct of enforcement, union organizers have no such legal right to access unless granted that right by the Board.  

If the Board has granted that right to the union, there will be a public record of the union filing an NA, and notice of that will be duly served on the employer.Remember, legally adequate  NA requires two actions on the union's part:

• Service: the union must serve the office of the owner, officer,or director of the employer or at the office of the employer with someone apparently in charge of the office or some other responsible person;
• Time of access: organizers may take access one hour before work begins, one hour after work ends or for a maximum of one hour during the lunch period.

If both conditions are not met, you may ask that person to leave the premises. If that person refuses to leave he is trespassing and is subject to removal at your request by the county sheriff.  

However, extreme caution is urged in exercising the right to deny access or the right to have a trespassing union organizer removed.  UFW may characterize refusal of access as an attempt to "cover up" non-compliance with the Heat Illness Prevention standard.  Moreover, UFW may seek to capitalize on the arrest of a trespassing organizer for publicity purposes.