Today, Western Growers Association, alongside ten other associations, filed an amicus curiae brief in support of Wonderful Nurseries LLC’s motion for a preliminary injunction against the Agricultural Labor Relations Board (ALRB) and the United Farm Workers of America. The motion seeks to halt the implementation of new labor regulations that will likely disrupt farming operations across California.
The crux of the dispute revolves around Section 1156.37 of the Agricultural Labor Relations Act, which was enacted in 2023. This section eliminated the requirement for secret ballot elections in the union certification process, a change that affects hundreds of thousands of farmworkers and thousands of farms in California. The coalition contends that this new process undermines the fundamental right of workers to freely choose their representation and exposes farms to potential chaos and legal uncertainties.
The brief highlights the importance of secret ballot elections in ensuring a fair and constitutionally sound process for determining union representation. It cites past legal precedents, including the 2018 Gerawan Farming decision, which underscored the significance of protecting workers’ rights through secret ballots. The brief argues that suspending the new certification process is necessary to address its constitutional flaws and to prevent widespread disruptions in the agricultural sector.
As the case progresses, it is expected to draw considerable attention from both employers and employees in the agricultural industry, with potential implications for labor practices and farm operations across the state.
In addition to Western Growers, the following organizations signed onto the Amicus Brief:
- California Farm Bureau Federation
- Agricultural Council of California
- California Fresh Fruit Association
- California Citrus Mutual
- Western Agricultural Processors Association
- Grower-Shipper Association of Central California
- Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties
- California Cotton Ginners and Growers Association
- California Association of Winegrape Growers
- Ventura County Agricultural Association
The amicus brief was authored by Bruce A Wessel, Partner Emeritus at Irell & Manella LLP.