Thanks to the AB 2183 project that Governor Gavin Newsom proclaimed into law in 2022, more than a hundred farmers affiliated with the California Farm Workers Union (UFW) achieved the first labor contract in history with the company Ho Sai Farms, Inc. Bakersfield, Kern County.
“We have already had six victories, where workers used that law to organize and collect their signatures to form a union [sindicato]”said Antonio De Loera-Brust, communications director for the UFW/Unión de Campesinos. “Until now, we had not negotiated the contract, after those certifications.”
According to De Loera-Brust, the beneficiaries of the contract are more than 100 workers, mostly of Mexican origin, who harvest vegetables that are used to prepare Chinese food.
Since last fall, the Agricultural Labor Relations Board has certified six farmworker unions under the new law AB 2183, which makes it easier for farmworkers to unionize in California.
California’s agriculture industry is one of the state’s largest economic drivers, generating about $50 billion in annual revenue by providing more than one-third of the country’s vegetables and more than two-thirds of its fruits and nuts, as well as be a major contributor to the nation’s dairy supply.
End wage theft and abuse
“The conditions of the workers were quite bad,” reported De Loera-Brust.
However, with the contract reached after seven months of negotiations, farm workers will have more rights, including an immediate raise of one dollar and at least an additional 50 cents for each worker who has three or more years of seniority. in the company.
Under the labor contract that was signed on November 4, in addition to the salary increase, they will have access to a grievance process and protection against retaliation by the employer.
Furthermore, for the first time in their lives, farmers will have a pension.
“This is a great success and we want workers on other ranches to realize that fighting for their rights is possible and that it is possible,” De Loera-Brust said.
“We believe that the company will be proud to be supporting its workers, who will now be treated with dignity,” he added.
According to the UFW spokesperson, Ho Sai Farms, Inc. had many problems in terms of wage theft and abusive working conditions.
“All that is going to end now,” said the UFW spokesperson. “That was the reason why the workers decided to fight for the union.”
Currently, a farm worker at Ho Sai Farms, Inc. earns an average of $16.00 per hour, so their new pay will be $17.00 or more, depending on their seniority.
“Without them, companies are nothing”
Erika Navarrete, vice president of the UFW, who was at the contract negotiation table, recalled the teachings of her parents, alongside the legendary César Chávez and Dolores Huerta.
“After finishing high school I made the decision to join the union in Delano as a volunteer, and at the same time I worked in the fields, picking grapes and studying.”
He added that “fortunately” with the new law, after the 2022 mega-march, “organizing and improving their working conditions was a little easier for workers.”
From the privacy of their homes, they were able to vote in favor of unionization, without pressure from foremen or company owners.
“The fear that there would be retaliation or something that could affect their desire to be in the union disappeared,” Navarrete said.
However, between April 2 and 10, the UFW filed four counts of unfair labor practice alleging that Ho Sai Farms, Inc. interrogated, surveilled, and threatened farmworkers, after the UFW filed a Petition for Majority Support ( MSP) regarding unionization.
Navarrete acknowledged that the victory was not obtained overnight nor was it easy, “but it is historic because the more than 100 beneficiaries are people from Mexico, Guatemala and Peru, and some are undocumented.”
The vice president of the UFW considered the first step of the agricultural workers to defend their rights positive, but reminded them of the motto that “every worker is an organizer, that we need to make the movement stronger and we [el UFW] “We are the tool so they can succeed.”
“We ask you to unite in your companies, businesses and ranches,” he added. “They are the workers; labor and are the key part of all companies. Without them, companies do not exist, and that is why we need them to take the initiative and we invite them to learn more about their rights.”
Above all, he considered it vitally important to know the new law AB 2183 that gives them the opportunity to carry out their campaign without having to make it public, until they are ready to take the next step, which is to submit their request for a majority of votes in favor of the union before the Agricultural Labor Relations Board.
The importance of health insurance and the increases
Alejandro Chona, a 44-year-old man from Guerrero, celebrates the fact of being part of the union, because he recognizes that, perhaps because of his age, “the work becomes more complicated and his back hurts more from walking crouched down, picking up the pinch.”
“I think that over time the spine wears out, and having more rights, you can go to the doctor,” said the man, married to Florelia Cruz and father of four children, the youngest just 10 years old.
Thanks to the contract reached with the company Ho Sai Farms, Inc., Alejandro considers himself “a little more” supported.
“We already have medical benefits and that is very important,” he said.
Before, in case of need, the only thing he and his family had was emergency medical care.
“The Medical got us through and so did the home remedies.”
He says that, in 2018, his five-year-old son got pneumonia, and after recovering, he received a bill of $10,000, of which he was only able to pay $3,500, since the child’s school had an aid program that took him out. of trouble
Alejandro, a resident of the city of Lamont, in Kern County, informed La Opinión that his previous salary of $16.00 will rise to $17.35, which will allow him to take a break from the high costs of electricity, which are regularly $400.00 per month.
“Here electricity is very expensive and even more so in hot weather, when the Bill [la factura] It can reach us up to $900.00,” he said. That amount would represent almost 50% of his monthly salary, and the rest would be used to pay the other $900 he pays to rent a small house.
Alejandro narrated that in the company where he and his colleagues work, they were victims of wage theft for a long time.
“Yes, we felt bad about that, but we didn’t complain much because we weren’t united, plus everything was cheaper before and the money was a little more, but not now, because in recent years things have started to get more complicated.” ”said the farm worker.
At the moment, Alejandro Chona and some of his crewmates are working an average of 20 to 30 hours a week. A plague attacked the Chinese vegetables they had planted, the harvest could not be carried out and their hours were cut.
Luckily, he and his wife have the alternative of transporting passengers through the Uber network.
An interview request with Richard L. Gould, owner of Ho Sai Farms, Inc. was not possible at press time.
For the good of all
Catalina Niño, originally from Villa de Etla, Oaxaca, and who has dedicated most of her 55 years to agriculture and working in packing plants, stressed that the “historic” contract they achieved will change their lives “radically.”
“Working conditions have already changed. They are not the same as before; Now we will have paid vacations and holidays and all that is for the good of us, the workers…before we didn’t enjoy any of that.”
Catalina Niño explained that among the abuses they had to tolerate were mistreatment, shouting, and non-payment of overtime.
“They didn’t give us the necessary equipment to cut vegetables and the bathrooms were very dirty; We told the butlers and no one was going to check them,” he said. “In hot weather they smelled very unpleasant and the tables where we ate were next to the bathrooms; “People didn’t sit there, but rather ate in their cars.”
The woman, who has been working for the Ho Sai Farms, Inc. company in Bakersfield for five years, said that among other mistreatment was the butlers’ refusal to give rest to people suffering from heat stroke, when the temperature ranged between 110 and 115 degrees.
“I got heat stroke. “I started to feel a severe headache and nausea,” he said. “But, when I told the butler that I had to leave because I wasn’t feeling well, he said: “You can’t leave; “We still have boxes to take out.”
“I told him that I wasn’t feeling well and I left,” said Catalina, and the butler added: “Well, let’s see what they tell me.”
Catalina was driving towards her house and had to pull over on the road, got out of her car and vomited.
While at home, his sister-in-law gave him “grape salt,” an effervescent powder with citric acid and baking soda that act as antacids.
The home remedy worked and Catalina returned to work the next day. Fortunately, he did not suffer reprisals.
“Even if the butlers get angry, our health comes first,” said the Oaxacan woman.
“Yes, we were all afraid of losing our jobs, afraid of being singled out, but now that we have won, we must continue the fight for the good of all of us, because only then will we improve our working conditions.”