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TMCNet:  Bill boosts aid to ag workers hit by drought: Also headed to desk of governor is bill to ease farmworker union voting.

[August 30, 2008]

Bill boosts aid to ag workers hit by drought: Also headed to desk of governor is bill to ease farmworker union voting.

(Fresno Bee (CA) (KRT) Via Acquire Media NewsEdge) Aug. 30--SACRAMENTO -- Valley farmworkers hurt by the drought could collect more state cash assistance under a bill headed to Gov. Schwarzenegger's desk.

State lawmakers on Friday also gave final approval to labor-backed legislation that would make it easier for farmworkers to join a union -- though the bill's fate is uncertain because the governor vetoed a similar bill last year.

The drought bill, by Assembly Member Juan Arambula, D-Fresno, targets laborers who are working part time instead of full time because of water shortages. These "partially unemployed" farmworkers could collect more money from the state's unemployment insurance fund than they can today.
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AB 1107 cleared the Assembly by a 54-12 vote.

Most Republicans voted no, as some argued the bill would stretch the state's unemployment insurance account, which is funded with taxes on employers.

Democrats said farmworkers are especially hard hit by the drought, which has forced some growers to abandon crops and lay off workers.

"All they want to do is work, but there is no work available," said Arambula, who grew up working the fields of the Central Valley.

The extra benefits could only be claimed until Jan. 1. The bill covers nine counties in the state, including Fresno, Tulare, Madera, Kings and Merced.

In one example, if a worker was eligible for $250 in weekly unemployment insurance but worked enough to earn $200 in one week, he or she could collect an additional $250 from the state, instead of the $100 benefit available now.

Schwarzenegger has not taken a position on the bill, though he has vowed to ignore most bills until lawmakers agree on a state budget, now about two months late. Last year, the governor signed similar legislation to help workers hurt by the January 2007 freeze.

The bigger question is whether the governor will change his mind on the labor proposal. The measure, AB 2386, would alter union elections by changing regulations in place since 1975.

Assembly Member Fabian Nunez, D-Los Angeles, has pushed the bill by citing several recent farmworker heat-related deaths. He says workers don't have enough power, and as a result, some growers have ignored state rules mandating shade and water. Nunez, the former Assembly speaker, even produced a video featuring Valley farmworkers and showed it to the governor.

"Farmworkers in the fields today are certainly and clearly not receiving the full protection of the law," Nunez said.

Barry Bedwell, president of the California Grape and Tree Fruit League in Fresno, said union elections and heat laws "are two separate issues," and that growers follow all the laws.

The bill, a top priority of the United Farm Workers union, passed the Assembly with no Republican votes.

Under the current process, farmworkers wishing to join a union must first submit a petition signed by a majority of employees. The state Agricultural Labor Relations Board, or ALRB, must then hold a secret ballot-booth election within seven days. The UFW -- which has been stung by recent election losses -- says that during the waiting period, businesses discourage yes votes by intimidating workers.

AB 2386 would give workers the option of bypassing the secret ballot- booth election. Instead, they could take ballots home and would have five days to mail or deliver them to the ALRB.

A neutral mediator would oversee the election. But industry groups say the process leaves the door open for labor representatives to influence elections.

Unions would be allowed to collect ballots and turn them into the ALRB. If the ALRB finds that a union representative has tampered with a ballot, that person would be barred from handing out ballots for five years. Growers say the penalty does not go far enough.

The reporter can be reached at eschultz@fresnobee.com or (916)326-5541.

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