By Jeanne Kuang

WHAT THE BILL WOULD DO

AB 2183 would allow farmworkers to vote in union elections by mail, rather than the current system that requires in-person elections, which usually take place on a farm owner’s property. Assemblymember Mark Stone, a Santa Cruz Democrat, carried the bill. It gives agricultural employers two options for union drives: They could select a “labor peace” process in which they pledge to remain neutral during a union election, during which farmworkers could choose to receive and submit ballots by mail from the Agricultural Labor Relations Board; or if growers do not agree to neutrality, workers could unionize via a “card check” process in which growers must recognize the union if a majority of workers sign cards expressing interest.

WHO SUPPORTS IT

The United Farm Workers and other labor groups say the bill protects agricultural workers from interference and intimidation when voting in union elections. More than half of California’s farmworkers are undocumented, and they often live on their employers’ land. The UFW says under the current, more rigid voting system, growers hearing of unionization efforts have called immigration authorities on organizing workers. Over the Labor Day holiday, President Biden announced his strong support.

WHO IS OPPOSED

Business groups, including the Western Growers Association, said the proposal opens the door for unions to request ballots for workers, influence their votes and “force” unionization. Newsom says he’s opposed, though the bill has been amended to include provisions he supports after he vetoed a similar bill last year. 

His main sticking point: that the bill allows workers to request union ballots before growers are notified there will be an election.

WHY IT MATTERS

The bill is an effort to ease the path toward collective bargaining – and potentially higher wages – for the 400,000-member California agricultural workforce. Union representation among California’s farmworkers has dwindled to statistically zero, UC Merced researchers found, and a U.S. Supreme Court decision last year effectively kicked union organizers off growers’ property. 

GOVERNOR’S CALL ✅
Newsom signed the bill on Sept. 28, after reaching agreement with the United Farm Workers and California Labor Federation on clarifying language to be passed by the Legislature next year to address his concerns on implementation and voter integrity.

“California’s farmworkers are the lifeblood of our state, and they have the fundamental right to unionize and advocate for themselves in the workplace,” Newsom said in a statement.