The California Agricultural Labor Relations Board has certified the first majority support petition (card check) filed by the UFW at DMB Packing, a tomato operation in Newman, CA. The certification, however, is not without controversy. However, the slimmest majority, barely 51% of the company’s 297 workers, allegedly voted in favor of union representation.

The law firm of Barsamian & Moody represents the company, which is disputing the results. The company has filed objections, alleging mishandling of the ballot process, inclusion of ineligible workers in the union count, and coercion of workers into signing without a full understanding.

The ALRB has scheduled a hearing on the dispute during the last week of November. It’s noteworthy that this case represents the first election petition submitted under the state’s new rules, setting precedent for future unionization efforts under the new card check law under the Agricultural Labor Relations Act.

DMB Packing released a statement expressing support for the rights of farmworkers. The company affirmed its commitment to utilizing the legal and regulatory process to ensure a fair election that accurately represents the majority will of DMB Packing employees.