A recent court decision has granted Wonderful Nurseries a preliminary injunction to stop the bargaining process with the United Farm Workers (UFW) union, raising significant constitutional concerns about California’s “Card Check” law (AB 113). The law, intended to simplify union formation for farmworkers, is now under scrutiny for potentially violating constitutional rights.
County Superior Court Judge Bernard C. Barmann, Jr. wrote in his ruling that the “harm suffered by Wonderful if it is forced to comply with a process that is likely unconstitutional while waiting until the board’s final order becomes effective to challenge the certification (which Wonderful credibly contends is erroneous), is largely irreparable.”
Western Growers President Dave Puglia praised the ruling, stating, “this decision hopefully signals a forthcoming resolution that protects regulated secret ballot elections, free from intimidation and fraud.” He emphasized the importance of preserving farmworkers’ fundamental rights, including due process and the freedom to choose union representation. However, the UFW criticized the decision, arguing it bypasses long-standing labor laws requiring employers to go through election objections before seeking judicial intervention.
The injunction halts all union-related activities at Wonderful Nurseries, including hearings on alleged unfair labor practices and mediation for a collective bargaining agreement. It also raises questions as to how the card check law will be implemented.
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Brian German
Ag News Director / AgNet West