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Irell & Manella attorney David Schwarz on why Gerawan Farms is suing the UFW for libel.
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You won't prosper and we begin with a Fox Business exclusive union fight.
Down on the farm.
The nation's largest grower of peaches plums and -- -- is locked in -- dispute with the farm workers union.
And it's erupted in a lawsuit filed by growling farming -- Fresno California.
Against the United Farm Workers joining us now for a Fox -- exclusive we have the -- lawyer.
David Schwartz hello David so the USW what an election to represented -- -- workers way back in 1990.
But your lawsuit says the union never showed up and was absent for twenty years and then last fall union knocks on balance door to say.
We're here to bargain why is the farm is big act company now suing UFW for libel.
Well good morning from Los Angeles the the first point I wanna make is that the the union.
We're approach the company twenty years after the election.
And as we alleged in the complaint twenty years of an activity on behalf of these workers.
So when they approach that the company the first question that was asked as we said in our complaint is where have -- then.
Union's response was.
We essentially some of your business and we have no legal obligation.
Tell you why we've abandon these workers they then went to the Fresno business journal.
And said that ground have been fighting with the union for the last twenty years it's been negotiating in his sediment when they also stated falsely.
That the company had refused.
Cooperate instead of making objections those kinds of allegations.
Are false.
And had the union believed that the company was not negotiating in good faith.
It -- exercised any number of remedies it didn't and the reason why it didn't.
Is because what they say in that article was on true.
But those statements hurt this company.
Right in the environment and in an industry for sensitivity to workers.
OK David we would -- little faster you know -- 95%.
Of growling as workers weren't even act.
The company when the union vote happened.
Twenty years ago now what gives the union to -- to come in twenty years later and say -- -- your representative.
The union's position essentially is that it is certified until decertified.
And it's taken the position that until such time as either they effectively go out of business.
Or are the certified through a petition and a vote by the workers they can continue to represent these workers even though the election occurred more than two decades.
You have must be nice now we -- full screen earlier showing the growling takes pride in treat its workers well.
Pace -- 1015 dollars an hour gives college loans to employees scholarships to some of their children.
Now the USW kind of -- on the -- 27000 members in -- 2000.
Now fewer than 5000.
Is this have basically a bid by the united farmworkers to suddenly double or triple its size because.
Growl and is now up to 121000 employees at peak harvest season.
When you count of direct hires and farm labor -- -- the right number about 121000.
And the consequences of their being able to impose an agreement on workers.
And on the company would double at least their membership in in the San Joaquin Valley and throughout the state.
Have your employees actually asked for the union to come in and do this there's this union taken it upon itself.
We we have no understanding or knowledge as to whether the the workers themselves have initiated this.
What we know is that four months ago the union came to us after -- twenty year.
Period of acquiescence and said we're now ready to negotiate.
But that was request made by the union and it wasn't made by to my knowledge our workers.
Would -- workers like a chance do you think -- to vote on the union again to see whether they want to be represented by am given how conditions are kind of good.
I think that it's -- bedrock principle.
Of labor law and -- fundamental principle of freedom of self organization that workers ought to be given a chance to.
Determine who will represent them at the bargaining table.
That is embedded in the law that is.
Applicable to unions.
Throughout the nation and all -- All right and we have by the way -- united farmworkers for common on this percent of their extensive email putting calls to him.
Haven't heard anything as yet thanks for very much for being with us today David sports.
Thank you so much.
