Immigration Laws: April, 1995 - Number #8

On March 31, the United Farm Workers Union held events around the nation to honor the anniversary of the death of UFW founder Cesar Chavez.

Farm workers are one of only three US occupations with one million or more workers in which the majority of workers are immigrants--the other two are maids and janitors. There are two to three million farm workers, including about 800,000 persons who work for wages sometime during each year on California farms. About half of these California farm workers might be considered dependent on farm work for most of their earnings--a typical California farm worker earns about $5 hourly for about 1,000 hours of work, for $5,000 in annual farm earnings.

For over 100 years, most California farm workers have been persons who could not obtain any other jobs in California, usually because they lacked English, skills, and contacts. In 1965, Cesar Chavez organized a strike by California grape harvesters to protest grower refusal to pay mostly local workers the same wages that they were required to pay to non-immigrant Mexican workers and, since the Bracero program ended in 1964, Chavez's United Farm Workers was able in 1966 to win a 40 percent wage increase.

In 1975, California became the first major agricultural state to enact a law that granted farm workers the right to organize into unions, and required employers to bargain with the union representative elected by workers. During the next 20 years, there were about 1,200 elections involving 100,000 workers--the same worker could vote in several elections--but one-third of these elections were held in the last five months of 1975.

Immigration marked the rise and fall of the UFW. In 1980, the UFW asked for another 40 percent increase. After a bitter strike that saw growers turn to labor contractors who organized crews of often illegal workers to be strike breakers, the UFW won an Pyretic victory--many companies that agreed to UFW demands went out of business. UFW membership fell from a peak of perhaps 60,000 in the late 1970s to as few as 5,000 in the early 1990s.

The UFW resumed efforts to organize farm workers after Cesar Chavez died in 1993, and in December 1994, the UFW won an election to represent the 1,400 workers employed by Bear Creek, better known as Jackson-Perkins, the rose company. On March 17, the UFW negotiated a three- year contract that increases wages and benefits 22 percent over the life of the contract, sets a $5.82 hourly starting wage, and offers nine paid holidays, including Chavez's March 31 birthday.

On the eve of the ALRA's 20th anniversary of the ALRA, the state's Legislative Analyst proposed eliminating the ALRB as an independent agency, and combining it with the agency that regulates labor relations for public employees. The ALRB currently has only two of its authorized five members, and in 1993-94 its 50 employees certified the results of nine elections and issued 31 Unfair labor Practice complaints. The UFW protested the inclusion of the ALRB into the PERB, arguing that it is currently in negotiations with 32 farms that employ 13,000 farm workers.

California was battered by storms in January and March 1995--rainfall was almost twice normal levels--and the rain washed away at least temporarily the jobs of many immigrant farm workers, especially in Salinas-- the nation's "Salad Bowl" about one hour south of San Francisco. The Monterey County agriculture commissioner, for example, estimated that instead of the usual 40,000 farm workers employed in March in the area, 30,000 acres of flooded broccoli, cauliflower, and lettuce left only a few thousand employed. Statewide, losses were estimated at $500 to $600 million, or 2 to 3 percent of usual annual farm sales of $20 billion.

However, there should be about the same number of hours worked in California agriculture in 1995, because farmers will replant vegetables such as lettuce, and there will be significant clean up work in the state's orchards and vineyards. For example, only 600 of the state's 23,000 acres of strawberries were washed away--less than 3 percent of the acreage.

There is some question about whether residents of small cities hard hit by flooding -- Pajaro, Watsonville, and Castroville--will advise friends and relatives in Mexico to stay there, especially in light of stepped up border enforcement. However, with workers in rural Mexico hearing of $5 to $6 hourly wages in California, versus less than $1 per day in Mexico, many may nonetheless be tempted to migrate.

There will be no water shortages to constrain planting in California agriculture in 1995. However, the demand for hired farm workers has been increasing, as farmers shift from low-value and mechanically harvested crops such to high-value fruits and vegetables that require more labor.

The Legal Services Corporation, which funds legal services for migrant farm workers, is threatened once again with budget cuts. The 1994-95 budget of $415 million for 320 organizations and 4000 lawyers has been slated for elimination over 5 years, according to one plan of the House Republican leaders.

Roberto Rodriguez and Patrisia Gonzales, "UFW organizers carry Cesar Chavez' legacy to a new generation," Sacramento Bee, March 31, 1995.
Pamela Podger, "Agriculture board elimination urged; farm union protests," Sacramento Bee, March 23, 1995, A3;
Ilana DeBare, "Salinas Valley Floods Wash Away Farm Workers' Jobs," Sacramento Bee, March 18, 1995, A1.
Seth Mydans, "Immigrant Farm Workers Forced to Flee by Flooding," New York Times, March 15, 1995;
Julio Moran, "Veterans of UFW Battles Gather to Pay Tribute," Los Angeles Times, March 11, 1995.