Last week, an agricultural employer in Fallbrook, California, received a Majority Support Petition (MSP) from the United Farm Workers (UFW). The UFW has now been certified as the collective bargaining representative of the agricultural employees of Olive Hill Greenhouses, Inc. This is the second successful filing of a Majority Support Petition under the ALRB’s new “card check law” (AB 113). The first petition is subject to employer exceptions pending before the ALRB.

WG Ag Legal Network participating law firm Barsamian & Moody has been retained to represent the employer before the ALRB with respect to the election process. According to the ALRB Regional Director’s tally, 47 cards were signed and submitted authorizing the UFW, out of 70 eligible workers.

Under the new “card check law” (AB 113), the union may be certified as the employees’ bargaining representation when a majority of eligible employees sign union authorization cards. Employers should be aware of the obligations outlined in Labor Code Section 1156.37 after receiving a Majority Support Petition from a qualified labor organization seeking to represent a group of agricultural employees, called a bargaining unit. As discussed here, within 48 hours of being served with the petition, the employer must provide a comprehensive and accurate list of currently employed employees in the bargaining unit, including the employees of any farm labor contractors.