Correction: The previous version of this story misidentified the employer as DiMare Fresh, Inc. The actual employer is DMB Packing Co. dba The DiMare Co.

The first “Majority Support Petition” (Card Check) filed under the new law has failed to garner majority support in its initial attempt. The petition was filed by the UFW on behalf of the tomato workers of DMB Packing Co. dba The DiMare Co., based in Newman, California. The union now has 30 days to submit additional proof of support or to cure support submitted but found invalid by the regional director.

Codified in new Labor Code section 1156.37, the majority support petition process allows certain labor organizations to become certified as the exclusive bargaining representative of an employer’s agricultural employees upon the submission of petition signatures or authorization cards demonstrating support from a majority of the employees in the bargaining unit.

The employer is represented by Ron Barsamian and partner Seth Mehrten, of Barsamian & Moody, a member of the Western Growers Ag Legal Network.