News from the Farm Worker Movement(www.ufw.org):

Pictsweet found guilty of illegally

firing mushroom worker who backed UFW

An administrative judge with the state Agricultural Labor Relations

Board (ALRB) has ruled that Pictsweet Mushroom Farms illegally fired

mushroom picker Fidel Andrade in retaliation for his support of the

United Farm Workers and for engaging in other activities protected by

California's farm labor law. The judge ordered Andrade be offered his

job back and that he be reimbursed for all lost wages and other losses

"suffered as a result of his unlawful discharge."

After three days of testimony during hearings on Oct. 30, 31 and

Nov. 1, 2001, Administrative Law Judge Douglas Gallop concluded in a

31-page written decision released on Jan. 10, 2002 that state

prosecutors "established a prima facie case" that the firing of Andrade

violated provisions of the act that make it an unfair labor practice for

an agricultural employer to "interfere with, restrain or coerce" workers

in the exercise of their rights under the law.

Pictsweet claimed Andrade was fired for physically assaulting a

supervisor during an altercation at the Ventura mushroom plant. But the

judge concluded that the same supervisor "had earlier shouted at Andrade

and pointed his finger at his [Andrade's] face," according to the

written judgment. "That afternoon, [supervisor Augustine] Villanueva,

apparently still angry about the morning [finger-pointing] incident,

threw mushrooms into Andrade's basket at a time Andrade's face was

inches away. When Andrade protested this, Villanueva chose to escalate

the confrontation by returning to Andrade's work area, and by again

shouting at him and pointing his finger.

"In response, Andrade made one, brief physical contact, causing no

injury. Under these circumstances...it is concluded that Andrade's

response was in line with Villanueva's provocation and, therefore,

[Pictsweet] may not rely on it" in defending its decision to fire

Andrade.

Gallop, the ALRB judge, also cited "the cursory treatment" given by

Pictsweet to an anti-UFW worker who admitted referring to the "killing"

of union supporters, other management personnel's "sarcastic reference"

to union supporters as "know it alls," the "general tarring of union

supporters as treating the foremen like 'garbage' and the mocking

conduct" of management in issuing Andrade an earlier warning letter. All

these and other events "tend to show animus toward union sympathizers,

and a predisposition to blame them in disputed cases of misconduct."

The judge also referred to a Pictsweet "employee handbook

discouraging employees from seeking redress through the union and

encouraging direct dealing [with the grower], the latter arguably

constituting" a law violation. And Gallop noted that Pictsweet "again

arguably violated the act...by refusing to recognize union-designated

employee representatives."

Gallop ordered that Pictsweet rescind the firing, offer Andrade his

job back with seniority, pay him all lost wages and other benefits, post

notices about workers' rights and arrange for an ALRB agent to read and

distribute the notice to employees on company time and answer their

questions outside the presence of Pictsweet officials.

On Sept. 4, 2001, ALRB prosecutors issued a complaint against

Pictsweet over Andrade's firing. A separate detailed nine-count

complaint was issued against Pictsweet on June 26, 2001 by prosecutors

with the ALRB for a host of labor law violations, including bad faith

bargaining and illegally acting to get rid of the union. A hearing

before another judge on that complaint is set for Feb. 14 in Ventura.

Negotiations have gone on since late 1999, with Pictsweet refusing

to respond to the workers' basic demands, the UFW states. The Cesar

Chavez-founded union has contracts protecting about 70% of the mushroom

workers on California's Central Coast.

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