More Union Organizers in the Field
The United Farm Workers (UFW) has filed additional Notices of Intent to Take Access (NAs) this week as they continue their purported effort to detect non-compliance with the Heat Illness Prevention standard and report that non-compliance to Cal/OSHA. Under the ALRA, UFW and other unions can seek limited access to farm fields by filing a Notice of Intent to Take Access (NA) with the Agricultural Labor Relations Board (the Board). Union organizers can legally access farm fields on private property once the petition is granted by the Board.
Materials being given to workers by UFW bears the UFW logo and that of Cal/OSHA. The materials include a questionnaire asking workers for identity information as well as asking if they have been provided shade and water at their work site.
Farm employers have certain rights too: Remember that while law enforcement agencies have a legal right to access in the conduct of enforcement, union organizers have no such legal right to access unless granted that right by the Board. If the Board has granted that right to the union, there will be a public record of the union filing an NA, and notice of that will be duly served on the employer.Remember, legally adequate NA requires two actions on the union's part:
If both conditions are not met, you may ask that person to leave the premises. If that person refuses to leave he is trespassing and is subject to removal at your request by the county sheriff.
However, extreme caution is urged in exercising the right to deny access or the right to have a trespassing union organizer removed. UFW may characterize refusal of access as an attempt to "cover up" non-compliance with the Heat Illness Prevention standard. Moreover, UFW may seek to capitalize on the arrest of a trespassing organizer for publicity purposes.