January 16, 2015

Nassif, Staff to Speak at Industry Partners’ Main Events

NCAE 2015 Annual Meeting, February 3-5, Hotel Monaco, Washington DC

WG President and CEO Tom Nassif will be the Keynote Speaker at NCAE's 2015 Annual Meeting, on Feb. 3 at 10:30 a.m. at the Hotel Monaco in Washington D.C.  Nassif’s address will offer interesting insights from the former Ag labor lawyer who negotiated opposite Cesar Chavez and will answer the question: “Why U.S. farmers should worry about feeding nine billion people?”

Several other important guests have been invited, including:

  • David Weil, Administrator of the Wage and Hour Division of USDOL to discuss the Hot Goods and other important issues
  • A high ranking official from USDA
  • The incoming Chair of the House Ag Committee
  • A panel of growers who are H-2A users, or non-users, to debate the merits of the H-2A program

APMA 35th Annual Forum, January 28-30, Monterey Plaza Hotel

Plan to attend the Agricultural Personnel Management Association’s Conference for Human Resource, Labor and Safety Professionals in the Agricultural Industry, at this beautiful ocean front venue located in the heart of the historic Cannery Row and near many Monterey Bay area attractions. The APMA Forum will feature an outstanding program for HR and Safety professionals including:

  • Keynotes and workshops presented by top industry experts
  • Expanded agenda covering today’s important HR and Safety topics
  • Lunch honoring the 5th graduating class of the HR Certificate Program
  • 35th Annual APMA Dinner
  • Jason Resnick, Vice President and General Counsel, will be presenting at the following workshops:

Jan. 29, 9:15 – 10:30 a.m.

Human Resource Nightmares and Tricky Terminations – Jason Resnick, Vice President and General Counsel, and Denise Spars, Director of Human Resources, Tejon Ranch

Terminations are a legal minefield that you should navigate only after careful consideration and adequate preparation. Even though most employment relationships are "at-will," meaning you can terminate an employee at any time, some terminations are trickier than others. A misstep can lead to serious liability for the employer and exposure 2015 Labor and Employment Law Update

Jan. 30, 9:15  –  12:00 p.m.

2015 Labor and Employment Law Update, Jason Resnick and Pat Moody, Barsamian & Moody

Be sure to finish off the Forum right, with Pat Moody and Jason Resnick, as they cover the latest and greatest in up to the minute labor and employment law issues. They will cover recent cases that you need to know about, and get you up to speed on all the laws that are going into effect this year. This will be a fast-paced session with a whole host of invaluable information to help you excel in 2015 and beyond.


AgSafe Annual Conference, February 24-27, Hyatt Regency Monterey Hotel and Spa

Don’t miss AgSafe’s annual main safety, health and human resources event for the agricultural industry in California. The conference provides owners, general managers, safety and human resources managers, and supervisors who work in the agricultural industry more than 100 classes in both English and Spanish. This year will feature an array of Supplemental Seminars including Instructor of Trainer courses, offer their renowned California Agricultural Safety Certificate Program and feature a number of special events, including the 8th Annual AgSafe Golf Tournament, AllWays Safe Agricultural Safety Awards and the premier of the Last Call Reception and Dance.

Jason Resnick and Jon Alexander, General Counsel Western Growers Assurance Trust, will be presenting at the following workshops:

Feb. 25,  2:00 – 3:15 p.m.

Employment Laws and Regulations for 2015: What You Need to Know, Jason Resnick

This session will dig into new law regulations for 2015, what they entail, how they will impact your operation and best practices to come into compliance.

Feb. 25, 11:15 – 12:30 p.m.

Get the Latest: Affordable Care Act, Jon Alexander

As the issues and regulations regarding the Affordable Care Act continue to evolve, learn what you need to know including employer reporting requirements, the latest on waiting periods, the regulations involving seasonal employees and much more.

UFW’s Attempt to Circumvent Grievance-Arbitration Procedure 2015 January 15.

UFW represents the agricultural employees of long-time Western Growers member San Joaquin Tomato Growers (SJTG) pursuant to a collective bargaining agreement (CBA) that was imposed upon the employer  in a Mandatory Mediation and Conciliation (MMC) proceeding. UFW filed a case with the Agricultural Labor Relations Board (ALRB) claiming SJTG failed to comply with the CBA. San Joaquin responded that the union failed to provide evidence of the allegations, and even if such violations had occurred, the exclusive remedy would be the grievance-arbitration procedure contained in the CBA.

The Board, with newly appointed Chairman William Gould in charge, took the unusual step of inviting amicus (friend-of-the-court) briefs to answer nine questions, including whether the Board should or could order enforcement of the CBA and whether the grievance-arbitration procedures under the ALRB needed to be exhausted, among others.

Western Growers, California Farm Bureau Federation, and Ventura County Agricultural Association attorneys collaborated on one brief, and attorneys Ron Barsamian and Robert Carrol of Barsamian & Moody and Nixon Peabody, respectively, submitted amicus briefs. Spencer Hipp, an attorney with Littler Mendelson, represents SJTG. The UFW filed its brief one day late, so the Board rejected it as untimely and declined to consider their brief.

In a great win for San Joaquin Tomato Growers and for the industry generally, the Board agreed with the employer and industry’s position that UFW failed to exhaust its grievance-arbitration remedies under the CBA and declined to take any action in the case.