Foster Farms must accept union

National Labor Relations Board rules in workers' favor

LALBRECHT@MERCEDSUN-STAR.COM

Foster Farms violated labor laws when it refused to recognize the affiliation between the two unions representing its workers, according to a ruling issued by Administrative Law Judge Clifford Anderson.

The judge last week ordered Foster Farms to post a notice in its Livingston plant informing workers that the company broke the law.

The notice must be posted in English, Spanish, Portuguese, and Punjabi for 60 days in "conspicuous places."

Foster Farms hasn't posted the notice yet because the company is appealing the judge's ruling with the National Labor Relations Board in Washington, DC, according to spokesman Tim Walsh.

"We did show and convince the judge that Foster Farms did unlawfully withdraw recognition of the union," said Kenneth Ko, a supervising attorney with the National Labor Relations Board. "It's subject to appeal, so who knows what will happen. But it looks good from our point of view right now."

The final decision on whether Foster Farms broke labor law will come from the National Labor Relations Board.

Ko said he could not speculate on when the NLRB will issue that decision.

Judge Anderson's ruling is similar to a March court order that forced Foster Farms and the unions back into negotiations.

Like the March ruling, Judge Anderson's ruling orders Foster Farms to recognize the affiliation between the League of Independent Workers of the San Joaquin Valley and the International Association of Machinists and Aerospace Workers.

The company must also hand over the names and addresses of its employees to union representatives.

Walsh said Foster Farms gave the union the names and addresses in April.

The League of Independent Workers joined forces with the 730,000-member machinists union in September 2005.

Foster Farms called the affiliation illegal and ceased negotiations. Between 700 and 1,100 workers walked out during a series of short-term strikes in October and November.

Judge Anderson's ruling orders Foster Farms to meet and bargain with the two unions, but negotiations had already started up again after the March court order.

The two parties didn't make much headway during the first round of talks in May.

Union representatives asked for a wage increase for Foster Farms workers and a contract clause that would require all workers to either join the union or support it by paying a fee.

"We came in with 16 proposals and we got 16 'nos'," said machinists union representative Herman Howell after the May talks.

The next round of negotiations is scheduled for June 12.

Even though Judge Anderson ruled in favor of the unions, leaders say they don't regard the ruling as a big victory.

"I don't view anything like that as a win," said Howell. "A win will be when we get a contract.

"This company has fought this affiliation and these two unions like a cat would toy with a mouse. It's been a struggle every step of the way."

Reporter Leslie Albrecht can be reached at 385-2484 or lalbrecht@mercedsun-star.com.