New York Farmworkers Seek to Challenge ‘Card Check’ & Uproot UFW Union Bosses
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Farmworkers fight union argument that New York labor law lets union bosses trap workers forever
Porpiglia Farms workers, who were targeted by an aggressive UFW ‘card check’ campaign against the farmworkers, are banding together to vote the union out and ensure that union officials reap what they have sown.
MARLBORO, NY – In 2020, the New York State Assembly passed a Big Labor-backed law that granted union officials sweeping new powers to impose their monopoly bargaining control over the state’s farmworkers. Since New York is one of 24 states that lacks a Right to Work law, the law authorizes union bosses to force farmworkers to pay union dues or else be fired.
But that’s not all: New York labor law went even further by mandating “card check” organizing, in which union officials deny workers a secret ballot union vote and instead claim majority support by submitting cards ostensibly showing worker support. These cards are often collected through pressure tactics, intimidation, or even threats.
But even that dramatic increase in power over the agricultural sector and agricultural workers is not enough for United Farm Workers (UFW) union officials.
UFW tyrants are advancing the cynical argument that, under New York law, workers can be forced into union ranks but can never escape forced unionism. They argue this to counter a recent National Right to Work Foundation-backed union decertification case for employees of Porpiglia Farms, an apple farm in the Hudson Valley of New York.
NY Fruit Farmworkers Seek Union Ouster After ‘Card Check’
Porpiglia employee Ricardo Bell submitted a petition last year in which he and his coworkers asked the New York Public Employment Relations Board (PERB) to hold a vote at the orchard on whether to remove the UFW. (Despite its name, PERB is responsible for enforcing labor law in both New York’s public and agricultural sectors.)
In late 2024, Foundation attorneys filed a brief for Bell countering union officials’ absurd argument that one card check drive should lock employees in a union forever. Additionally, more Foundation-backed decertification cases are sprouting up in both New York and other Big Labor-dominated states for farmworkers who are rejecting UFW officials’ card check schemes.
Brief Challenges Theory That Workers Have No Right to Remove Incumbent Union
Bell filed his decertification petition with Foundation legal aid after UFW union officials seized power at his workplace through a hasty card check unionization drive. His newest filing attacks union bosses’ contention that once a union is certified as the monopoly union “representative” of a work unit, there can be no option to remove it.
“[New York labor law] does not indicate that employees have a single chance at self-organization,” the brief says. “If that were the case, the very action of choosing a representative under [New York labor law] would deprive employees of the ability to exercise [their rights] in perpetuity….”
Foundation-Backed Workers Battle UFW ‘Card Checks’ Across Country
Since Bell’s filing, Foundation attorneys have also assisted in a union decertification effort for workers at Cherry Lawn Fruit Farms near Rochester, NY, who were targeted by a similar UFW card check campaign. These two groups of New York farmworkers join Foundation-backed employees of Wonderful Nurseries in California in challenging the UFW’s tactics.
Wonderful Nurseries workers still have multiple unfair labor practice charges pending against UFW bosses for deceptive behavior during an early 2024 card check drive. The charges detail UFW agents lying about the true purpose of cards that they collected from workers, and harassing workers who now back an effort to vote the union out.
“The aggressive and often demeaning tactics that UFW union officials use to seize control over agricultural workers show clearly why ‘card check’ is a bad idea in the agricultural sector, the public sector, and in any sector,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “UFW officials are arguing that workers should have little or no chance at all to challenge a union’s ascent to power by this process.
“The idea that workers have no ability to eject a union once it is installed in power further demonstrates that this is not about workers’ choices at all, only about union bosses’ power over workers, even when workers overwhelmingly want nothing to do with union bosses’ so-called ‘representation,’” added Messenger.
Karma Catches Up to SEIU Officials as Philly Coffee Shop Workers Oust Union
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, November/December 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Good Karma Café coffee shop employees vote out SEIU officials also opposed by many Starbucks workers
SEIU officials’ aggressive campaign targeting coffee shop employees across the country for union control is fast unravelling, as workers nationwide are now exercising their right to vote unions out, often with Foundation aid.
PHILADELPHIA, PA – Workers United (WU), the same union that runs Starbucks Workers United (SBWU) unions across the country, has been the subject of considerable media attention for its top-down organizing campaign against Starbucks. Little do people know that WU’s puppet masters at the Service Employees International Union (SEIU) have expended millions of dollars in hiring union activists to agitate for union control at these shops — including “salts,” paid union agents that pose as normal employees but often quit soon after they’ve achieved their actual goal of installing the union.
However, aggressive and deceptive WU union tactics did not stop Marco Camponeschi and his coworkers at two locations of Good Karma Café in Philadelphia from voting out the union with free legal aid from the National Right to Work Legal Defense Foundation.
Camponeschi submitted a petition in August asking the National Labor Relations Board (NLRB) Region 4 in Philadelphia to hold a vote to remove the union. The petition contained signatures from enough of his colleagues to prompt the election, and this September, the Good Karma employees voted to send WU officials packing.
Signs of SEIU “Salt” Tactics in Philly
“After the Workers United union was installed, there was a lot of employee turnover, and we soon found ourselves very short-staffed,” Camponeschi commented before the vote. Employee turnover after a union’s installation often indicates “salts” may have been present.
Pennsylvania, because of its lack of Right to Work protections for its private sector employees, permits union officials to make deals with employers that require workers to pay union dues just to stay employed. So by nixing the union, Camponeschi and his coworkers ended both forced union representation and the threat of forced dues. In states with Right to Work laws, in contrast, union membership and all union financial support are strictly voluntary and the choice of each individual worker.
Coffee Workers Leading Nationwide Charge to Boot Out Unwanted Unions
Since the beginning of this year, Starbucks employees in Manhattan, NY; Buffalo, NY; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; Oklahoma City, OK; and Greenville, SC, have all sought free Foundation legal aid in pursuing decertification efforts against Workers United union bosses at the NLRB.
Outside of coffee shops, union decertification efforts are becoming much more common. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort than their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show that the number of worker-filed decertification petitions has increased each of the last three years.
“Workers United union officials seem to have a penchant for trying to expand their control over employees without regard for the employees’ interests,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “So it’s unsurprising that coffee employees nationwide are banding together to vote Workers United out.
“While we’re glad the Good Karma employees were able to successfully exercise their right to oust the unwanted union, it should be noted that NLRB officials across the country are blocking Starbucks employees from exercising that same right at the behest of Workers United union officials,” Messenger added. “Workers should be allowed to vote out unwanted unions, and the NLRB should not stifle that right based on union officials’ whims. That’s especially important as the Biden NLRB seeks to make several rule changes which will make it harder for workers to vote out union officials.”
