What a Massive Lawsuit Means for California Farmworkers

A Wonderful-sponsored billboard along Highway 33 in Kings County claims that the United Farm Workers misled workers during the unionization process. Photographed on Sunday, June 30, 2024.

Melissa Montalvo

Fresno bee

A ruling in Kern County earlier this month could be the first step in an industry-wide effort to overturn a 2023 California law that makes it easier for farmworkers to unionize.

The ruling temporarily halts recent organizing efforts by the United Farm Workers at Wonderful Co. — one of the world’s largest agricultural companies. It’s the latest twist in a months-long, high-octane battle between the historic union and Wonderful.

In February, UFW used the new law to become the union representative for more than 600 Wonderful workers. Under the law, farmworkers can sign authorization cards to vote for union representation, a practice that advocates say is intended to reduce retaliation by employers.

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Within days, the company contested the election results, claiming that UFW organizers had misled nearly half of the farmworkers who had signed union cards. UFW immediately responded, saying that Wonderful had intimidated its workers into rejecting union representation. The general counsel of the state’s Agricultural Labor Relations Board has since filed a formal complaint, alleging that Wonderful coerced workers into attending meetings and helped them sign affidavits to regain their union vote.

Wonderful escalated the dispute by suing the ALRB, arguing that the new law was “unconstitutional.”

The July 18 ruling in the company’s favor could threaten this advance in farmworker protections. The judge granted a preliminary injunction in the ruling, saying Wonderful would “likely prevail” in its case.

There has been a long history of lawsuits challenging the state’s farm labor law since its creation nearly 50 years ago. But what experts call unique about the current lawsuit is the “unprecedented” amount of money and industry-wide coordination in support of the case.

At the helm is Wonderful, a multi-billion dollar company owned by entrepreneurs, philanthropists and marketing gurus Stewart and Lynda Resnick. And it’s not just a legal battle. The agriculture industry has launched a media campaign in the Central Valley, claiming that the UFW misled workers into joining the union.

“The growers have found a way to fund this kind of lawsuit,” Chris Schneider, a former regional director for the ALRB. “It’s easy because the Resnicks have more money than God, so they can spend as much as they want on litigation, and it’s a matter of decimals for them.”

UFW has secured five union election certifications, covering nearly 1,700 workers, under the new law. Those could potentially disappear if Wonderful wins his lawsuit, said Ana Padilla, executive director of the UC Merced Community and Labor Center.

Regardless of what the future holds, there is consensus across the industry that the fight will continue: Wonderful has more resources to challenge the law than most employers.

“It’s a long road, and fortunately you have someone like Wonderful who has the deep pockets to handle these types of lawsuits,” said Rob Roy, president and general counsel of the Ventura County Agricultural Association.

In an emailed statement, Wonderful Nurseries spokesman Seth Oster said the company is “pleased with the court’s decision to halt the certification process until the constitutionality of the card check law can be fully and properly considered.”

He called the ruling a victory for the company and farm workers.

‘The industry is excited about that decision’

The Wonderful lawsuit is the latest legal challenge by employers to the ALRB and the state’s landmark Agricultural Labor Relations Act of 1975. The law was the first in the nation to give farmworkers the right to collective bargaining without retaliation, a right denied to farmworkers under the National Labor Relations Act of 1935. The exclusion was rooted in racism because many of those workers at the time were black.

Since the law was passed, employers have filed lawsuits challenging California’s agricultural labor protections on a regular basis. Success has been mixed over the years, but employers generally benefit from what the UFW sees as a delaying tactic.

“Even if workers have these rights, they will do anything to delay those rights,” said Elizabeth Strater, director of strategic campaigns for the union.

In the past 11 years, two other high-profile lawsuits have been filed challenging certain provisions of the law, with varying degrees of success.

In 2013, Gerawan Farming, one of the nation’s largest tree fruit growers, attempted to overturn an extension of the law requiring mandatory mediation. The years-long dispute with UFW led to numerous lawsuits, appeals, and several findings of unfair labor practices by the ALRB. The California Supreme Court sided with UFW in 2017.

Just a few years later, in 2021, another case — Cedar Pointe v. Hassid — reached the nation’s Supreme Court, successfully striking down a provision of the 1975 law that allowed unions to access growers’ facilities after hours to organize workers.

Experts believe that the agricultural sector is aware of the current composition of the court and is increasingly confident in its chances.

The lead author of the 2023 law, Mark Stone, a former Democratic congressman from Santa Cruz, said he is confident the courts can flag potential flaws in the law and give the Legislature a chance to fix them.

“I can’t imagine that this is unconstitutional just because powerful corporate interests decide that’s what they want,” Stone said. “That’s something that could probably happen in the U.S. Supreme Court, but not in this state. I have much more confidence in the state Supreme Court.”

Wonderful did not respond to questions about whether they hope the case will reach the U.S. Supreme Court.

But for Schneider, the former ALRB chairman, “the industry is being galvanized by that decision (Cedar Pointe v. Hassid), and you see the court becoming more and more anti-labor and pro-business.”

Agricultural groups have voiced support for the legal fight, saying they might have filed a lawsuit over the ticket-check law if Wonderful had not intervened.

According to court documents, Two agricultural employers and two employer associations — Driscoll’s Inc., Grimmway Enterprises, Inc., National Council of Agricultural Employers, and Western Growers Association — attempted to file briefs in support of the lawsuit. The judge dismissed the briefs because they “appeared to offer no perspective on the issues other than Wonderful.”

Carl Borden, senior attorney for the California Farm Bureau, confirmed that the organization considered challenging the law in court until Wonderful’s lawsuit was filed.

‘Fight them every chance they get’

The Wonderful Co., formerly Roll Global, is owned by Beverly Hills billionaire Resnicks and is best known for its Halos, Pom juice and Wonderful Almonds and Pistachios.

According to other published reports, the company is one of the country’s largest agricultural companies and also one of the country’s largest water users and land owners.

The Resnicks routinely support Democrats, such as Gov. Gavin Newsom, financially and spend money on high-profile projects around the state, including a charter prep school in Delano, a new student union building at California State University, Fresno and a center for sustainable agricultural practices at UC Davis.

According to UFW and labor experts, the couple and their company together form a formidable and unique opponent, relying on their enormous resources and influence.

“They’ve aligned themselves with things, with people, with causes that seem very progressive,” Strater said. “And then, underneath the surface, this is a company that is really willing to go out of their way to make sure that these workers don’t have a voice.”

Wonderful claims the lawsuit is only intended to protect farm workers. The company has placed billboards on its properties in Kern and King counties warning workers not to trust the union once led by Cesar Chavez.

A Wonderful-sponsored sign along Highway 33 near the Kern County community of Lost Hills says in Spanish that the United Farm Workers misled workers during the unionization process. Photographed Sunday, June 30, 2024. Melissa Montalvo Fresno bee

“Farmworkers say UFW tricked them into joining the union to receive $600 COVID relief payments,” the billboards read in English and Spanish.

This is another example of what employers and farm companies are saying about training workers after the law passed. Last year, a nonprofit funded by industry groups aired similar radio ads in the Central Valley.

In its April webinar, the California Farm Bureau encouraged outside parties to coordinate social media campaigns targeting farmworkers and employees.

“Educating farm workers with truthful information about laws that affect them and their livelihoods and the consequences of their actions under those laws is pro-worker, not anti-union,” Borden said.

To Stone, the lawsuit and this “propaganda” reflect the influences and resources of the agricultural sector.

“They’re going to fight it every chance they get,” Stone said. “These are not people and companies that are going to give up their power and authority without a fight.”

UFW filed an unfair labor practice complaint over the radio ads in August 2023. The ALRB dismissed the complaint, saying it only has jurisdiction over agricultural employers and labor unions. UFW said it plans to file another unfair labor practice suit against Wonderful if the company is not ordered by a judge to remove the billboards.

Padilla said she could not speculate on how the court would rule, but called the agriculture industry’s messaging and tactics “troubling.” Moreover, she said, the lawsuit is already having a symbolic impact on workers.

“The number of public messages from a single industry telling workers not to trust the union is unprecedented,” Padilla said.

Mathew Miranda covers Latino communities for The Sacramento Bee’s Equity Lab. He holds degrees from California State University, Chico, and UC Berkeley. Born and raised in Los Angeles, he is the proud son of Salvadoran immigrants.

Melissa Montalvo is The Fresno Bee’s government reporter. She is a regular contributor to La Abeja, The Bee’s free weekly newsletter on Latino issues. Prior to this role, she covered Latino communities for The Fresno Bee as part of the Central Valley News Collaborative and labor and economics for The Fresno Bee/Fresnoland as a Report for America Corps member.