State structures and social movement strategies: The shaping of farm labor protections in California

Politics and Society

Volumn 32, Issue 3, 2004, Pages 291-326

  Wells, Miriam J ^a   Villarejo, Don ^b  

^a UNIVERSITY OF CALIFORNIA   (United States)

^b California Institute for Rural Studies   (United States)

Author keywords

Agricultural Labor Relations Act; Labor protective legislation; Social movements; United Farm Workers

Indexed keywords

EID: 4344643542     PISSN: 00323292     EISSN: None     Source Type: Journal    
DOI: 10.1177/0032329204267296     Document Type: Review

References (130)

1. Kenneth Finegold and Theda Skocpol, State and Party in America's New Deal (Madison: University of Wisconsin Press, 1995); Michael Goldfield, "Worker Insurgency, Radical Organization, and New Deal Labor Legislation," American Political Science Review 83, no. 4 (December 1989): 1257-82; Nicos Poulantzas, State, Power, Socialism (London: NLB, 1978); and Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring about Social Change? (Chicago: University of Chicago Press, 1991).
2. Kenneth Finegold and Theda Skocpol, State and Party in America's New Deal (Madison: University of Wisconsin Press, 1995); Michael Goldfield, "Worker Insurgency, Radical Organization, and New Deal Labor Legislation," American Political Science Review 83, no. 4 (December 1989): 1257-82; Nicos Poulantzas, State, Power, Socialism (London: NLB, 1978); and Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring about Social Change? (Chicago: University of Chicago Press, 1991).
3. Kenneth Finegold and Theda Skocpol, State and Party in America's New Deal (Madison: University of Wisconsin Press, 1995); Michael Goldfield, "Worker Insurgency, Radical Organization, and New Deal Labor Legislation," American Political Science Review 83, no. 4 (December 1989): 1257-82; Nicos Poulantzas, State, Power, Socialism (London: NLB, 1978); and Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring about Social Change? (Chicago: University of Chicago Press, 1991).
4. Kenneth Finegold and Theda Skocpol, State and Party in America's New Deal (Madison: University of Wisconsin Press, 1995); Michael Goldfield, "Worker Insurgency, Radical Organization, and New Deal Labor Legislation," American Political Science Review 83, no. 4 (December 1989): 1257-82; Nicos Poulantzas, State, Power, Socialism (London: NLB, 1978); and Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring about Social Change? (Chicago: University of Chicago Press, 1991).
5. Sven Steinmo, Kathleen Thelen, and Frank Longstreth, Structuring Politics: Historical Institutionalism in Comparative Analysis (Cambridge: Cambridge University Press, 1992); and David Woodruff, "Rules for Followers: Institutional Theory and the New Politics of Economic Backwardness in Russia," Politics & Society 28, no. 4 (2000): 437-82.
6. Sven Steinmo, Kathleen Thelen, and Frank Longstreth, Structuring Politics: Historical Institutionalism in Comparative Analysis (Cambridge: Cambridge University Press, 1992); and David Woodruff, "Rules for Followers: Institutional Theory and the New Politics of Economic Backwardness in Russia," Politics & Society 28, no. 4 (2000): 437-82.
7. For example, Craig Jenkins, The Politics of Insurgency: The Farmworker Movement in the 1960s (New York: Columbia University Press, 1985); Linda Majka and Theo Majka, Farmworkers, Agribusiness and the State (Philadelphia: Temple University Press, 1982); Doug McAdam, John McCarthy, and Meyer Zald, eds., Comparative Perspectives on Social Movements (New York: Cambridge University Press, 1996); and Charles Tilly, From Mobilization to Revolution (Reading, PA: Addison-Wesley, 1978). Marshall Ganz, "Resources and Resourcefulness: Strategic Capacity in the Unionization of California Agriculture, 1959-1966," American Journal of Sociology 105, no. 4 (January 2000): 1003-62, details the importance of strategic capacity for the United Farm Workers' (UFW's) success in its early period of mobilization.
8. For example, Craig Jenkins, The Politics of Insurgency: The Farmworker Movement in the 1960s (New York: Columbia University Press, 1985); Linda Majka and Theo Majka, Farmworkers, Agribusiness and the State (Philadelphia: Temple University Press, 1982); Doug McAdam, John McCarthy, and Meyer Zald, eds., Comparative Perspectives on Social Movements (New York: Cambridge University Press, 1996); and Charles Tilly, From Mobilization to Revolution (Reading, PA: Addison-Wesley, 1978). Marshall Ganz, "Resources and Resourcefulness: Strategic Capacity in the Unionization of California Agriculture, 1959-1966," American Journal of Sociology 105, no. 4 (January 2000): 1003-62, details the importance of strategic capacity for the United Farm Workers' (UFW's) success in its early period of mobilization.
9. For example, Craig Jenkins, The Politics of Insurgency: The Farmworker Movement in the 1960s (New York: Columbia University Press, 1985); Linda Majka and Theo Majka, Farmworkers, Agribusiness and the State (Philadelphia: Temple University Press, 1982); Doug McAdam, John McCarthy, and Meyer Zald, eds., Comparative Perspectives on Social Movements (New York: Cambridge University Press, 1996); and Charles Tilly, From Mobilization to Revolution (Reading, PA: Addison-Wesley, 1978). Marshall Ganz, "Resources and Resourcefulness: Strategic Capacity in the Unionization of California Agriculture, 1959-1966," American Journal of Sociology 105, no. 4 (January 2000): 1003-62, details the importance of strategic capacity for the United Farm Workers' (UFW's) success in its early period of mobilization.
10. For example, Craig Jenkins, The Politics of Insurgency: The Farmworker Movement in the 1960s (New York: Columbia University Press, 1985); Linda Majka and Theo Majka, Farmworkers, Agribusiness and the State (Philadelphia: Temple University Press, 1982); Doug McAdam, John MCCarthy, and Meyer Zald, eds., Comparative Perspectives on Social Movements (New York: Cambridge University Press, 1996); and Charles Tilly, From Mobilization to Revolution (Reading, PA: Addison-Wesley, 1978). Marshall Ganz, "Resources and Resourcefulness: Strategic Capacity in the Unionization of California Agriculture, 1959-1966," American Journal of Sociology 105, no. 4 (January 2000): 1003-62, details the importance of strategic capacity for the United Farm Workers' (UFW's) success in its early period of mobilization.
11. For example, Craig Jenkins, The Politics of Insurgency: The Farmworker Movement in the 1960s (New York: Columbia University Press, 1985); Linda Majka and Theo Majka, Farmworkers, Agribusiness and the State (Philadelphia: Temple University Press, 1982); Doug McAdam, John McCarthy, and Meyer Zald, eds., Comparative Perspectives on Social Movements (New York: Cambridge University Press, 1996); and Charles Tilly, From Mobilization to Revolution (Reading, PA: Addison-Wesley, 1978). Marshall Ganz, "Resources and Resourcefulness: Strategic Capacity in the Unionization of California Agriculture, 1959-1966," American Journal of Sociology 105, no. 4 (January 2000): 1003-62, details the importance of strategic capacity for the United Farm Workers' (UFW's) success in its early period of mobilization.
12. Jenkins, Politics of Insurgency; Majka and Majka, Farmworkers, Agribusiness and the State.
13. Jenkins, Politics of Insurgency; Majka and Majka, Farmworkers, Agribusiness and the State.
14. S. J. Austin Moms, "Agricultural Labor and National Labor Legislation," California Law Review 54, no. 5 (1966): 1939-89.
15. California State Senate Fact Finding Committee on Labor and Welfare, California's Farm Labor Problems (Sacramento: State of California, 1961), pt. I, 202ff.
16. Ernesto Galarza, Merchants of Labor (Santa Barbara, CA: McNally and Loftin, 1964); and Miriam J. Wells, Strawberry Fields: Politics, Class, and Work in California Agriculture (Ithaca, NY: Cornell University Press, 1996).
17. Ernesto Galarza, Merchants of Labor (Santa Barbara, CA: McNally and Loftin, 1964); and Miriam J. Wells, Strawberry Fields: Politics, Class, and Work in California Agriculture (Ithaca, NY: Cornell University Press, 1996).
18. Marshall Ganz, "Five Smooth Stones," (Ph.D. diss., Cambridge, MA, Harvard University, Department of Sociology, 2000).
19. Wetherton v. Growers Farm Labor Association, Ca. App. 2D 168 (1969).
20. Stephen H. Sosnick, Hired Hands: Seasonal Farmworkers in the United States (Santa Barbara, CA: McNally and Loftin, West, 1978).
21. Majka and Majka, Farmworkers, Agribusiness and the State, 208-16.
22. In 1969 alone, its economic impact may have been as high as $20 million. Sosnick, Hired Hands, 322.
23. Jenkins, Politics of Insurgency, 162-74.
24. Majka and Majka, Farmworkers, Agribusiness and the State, 212-14.
25. Interviews with former UFW staff provided detail on this period unavailable in published sources.
26. John C. Bollens and G. Robert Williams, Jerry Brown: In a Plain Brown Wrapper (Pacific Palisades, CA: Palisades Publishers, 1978); and Ed Salzman, ed., "Has Brown's Ambition Kept the ALRB Bankrupt?" California Journal (June 1976): 182-83.
27. John C. Bollens and G. Robert Williams, Jerry Brown: In a Plain Brown Wrapper (Pacific Palisades, CA: Palisades Publishers, 1978); and Ed Salzman, ed., "Has Brown's Ambition Kept the ALRB Bankrupt?" California Journal (June 1976): 182-83.
28. Salzman, "Has Brown's Ambition," 68.
29. This description of the Act benefits from the work of Martha West in Miriam J. Wells and Martha S. West, "Regulation of the Farm Labor Market: An Assessment of Farmworker Protections under California's Agricultural Labor Relations Act," Working Paper #5, Working Group on Farm Labor and Rural Poverty (Davis, CA: California Institute for Rural Studies, 1989). Joseph A. Wender, Senior Board Counsel, Agricultural Labor Relations Act (ALRA), and John E. Higgins, National Labor Relations Board (NLRB), provided important clarification of the legal issues involved.
30. Analyses of the courts' interpretation of the ALRA's make-whole remedy and of the ALRA's and National Labor Relations Act's (NLRA's) secondary boycott and good standing provisions are available from the author upon request.
31. Such access may be allowed by the NLRA, but only on a case-by-case basis where there is no reasonable alternative means of communication.
32. According to the California Labor Code, farm labor contractors (FLCs) may recruit, supervise, or hire workers on behalf of a farm employer; pay workers, keep payroll records, and pay payroll taxes; for a fee, furnish board, lodging, or transportation for such workers; and supervise, time, check, count, weigh, or otherwise direct or measure their work.
33. Farm Labor Contractors in California (Sacramento, CA: California Department of Employment Development, Labor Market Information Division, July 1992); Howard Rosenberg, "Contractor Crackdown," California Farmer January 3, 1993, 19-22.
34. Farm Labor Contractors in California (Sacramento, CA: California Department of Employment Development, Labor Market Information Division, July 1992); Howard Rosenberg, "Contractor Crackdown," California Farmer January 3, 1993, 19-22.
35. Rosenberg, Hollow Hope, 2, 269
36. Agricultural Labor Relations Board, First Annual Report of the Agricultural Labor Relations Board for the Fiscal Years Ended June 30, 1976, and June 30, 1977 (Sacramento, CA: ALRB, January 24, 1978, 9-18).
37. Jeffrey M. Perloff, "Unions and Demographic Wage, Hours, and Earnings Differentials in the Agricultural Labor Market," Working Paper No. 387 (Berkeley: University of California, Agricultural Experiment Station, 1986).
38. Philip Martin, Suzanne Vaupel, and Daniel Egan, "Farmworker Unions: Status and Wage Impact," California Agriculture (July-August 1986):11-13; and Marc Lifsher, "UFW Numbers Are Overstated, Critics Say," Wall Street Journal, September 9, 2000, CA1,4. In September 2000, the UFW claimed a membership of 24,000, up from a claimed 20,000 in 1994 when it launched a statewide organizing drive. However, research by Don Villarejo suggests that the number of members in 1994 was closer to 5,000. In 2000, non-union sources estimated UFW membership at from 7,000 to 8,000. Lifsher, "UFW Numbers Are Overstated."
39. Philip Martin, Suzanne Vaupel, and Daniel Egan, "Farmworker Unions: Status and Wage Impact," California Agriculture (July-August 1986):11-13; and Marc Lifsher, "UFW Numbers Are Overstated, Critics Say," Wall Street Journal, September 9, 2000, CA1,4. In September 2000, the UFW claimed a membership of 24,000, up from a claimed 20,000 in 1994 when it launched a statewide organizing drive. However, research by Don Villarejo suggests that the number of members in 1994 was closer to 5,000. In 2000, non-union sources estimated UFW membership at from 7,000 to 8,000. Lifsher, "UFW Numbers Are Overstated."
40. Rick Rodriguez, "ALRB to Bear Duke's Stamp," Sacramento Bee, December 25, 1985, A1, A12.
41. Harry Bernstein, "Settlements with 2 Growers Mark Policy Shift by UFW," Los Angeles Times July 30,1986, section 4, pp. 1, 3; and Jerome Cohen, "UFW Must Get Back to Organizing; Despite Opposition, Farm Labor Law Is Still a Potent Weapon," Los Angeles Times, January 15, 1986, Metro section, pt. 2, p. 5.
42. Harry Bernstein, "Settlements with 2 Growers Mark Policy Shift by UFW," Los Angeles Times July 30,1986, section 4, pp. 1, 3; and Jerome Cohen, "UFW Must Get Back to Organizing; Despite Opposition, Farm Labor Law Is Still a Potent Weapon," Los Angeles Times, January 15, 1986, Metro section, pt. 2, p. 5.
43. This section has benefited especially from Miriam Wells's interviews with farm workers in the Salinas-Watsonville area (1976-87), communications with current and former ALRB administrators and attorneys, and conversations with Jerry Cohen, Marshall Ganz, Theo and Linda Majka, and Frank Bardacke. Paul Henggeler, who is reconstructing this period of the UFW's history through study of the union's archives and meeting transcripts, read and provided valuable clarifications on this section. The argument and theoretical framing are those of lead author.
44. Agricultural Labor Relations Board, First Annual Report, 14-15.
45. Marshall Ganz, e-mail communication, November 21, 2000.
46. Jerry Cohen, telephone interview, November 17, 2000.
47. Organizing subsided, of course, during the months the agency was closed.
48. See note 30, also: Frank Bardacke, "Decline and Fall of the UFW: Cesar's Ghost," The Nation, July 26/August 2, 1993, 130-35; Frank Bardacke, "Exchange: The Chavez Legacy," The Nation, November 22, 1993, 606, 635-36; Wayne King, "Chavez Faces Internal and External Struggles," New York Times, December 6, 1981; Linda C. Majka and Theo J. Majka, "The Decline of the Farm Labor Movement in California: Organizational Crises and Political Change," Critical Sociology 19, no. 3 (1992): 3-36; and Michael Yates, "A Union Is Not a Movement," The Nation, November 19, 1977.
49. See note 30, also: Frank Bardacke, "Decline and Fall of the UFW: Cesar's Ghost," The Nation, July 26/August 2, 1993, 130-35; Frank Bardacke, "Exchange: The Chavez Legacy," The Nation, November 22, 1993, 606, 635-36; Wayne King, "Chavez Faces Internal and External Struggles," New York Times, December 6, 1981; Linda C. Majka and Theo J. Majka, "The Decline of the Farm Labor Movement in California: Organizational Crises and Political Change," Critical Sociology 19, no. 3 (1992): 3-36; and Michael Yates, "A Union Is Not a Movement," The Nation, November 19, 1977.
50. See note 30, also: Frank Bardacke, "Decline and Fall of the UFW: Cesar's Ghost," The Nation, July 26/August 2, 1993, 130-35; Frank Bardacke, "Exchange: The Chavez Legacy," The Nation, November 22, 1993, 606, 635-36; Wayne King, "Chavez Faces Internal and External Struggles," New York Times, December 6, 1981; Linda C. Majka and Theo J. Majka, "The Decline of the Farm Labor Movement in California: Organizational Crises and Political Change," Critical Sociology 19, no. 3 (1992): 3-36; and Michael Yates, "A Union Is Not a Movement," The Nation, November 19, 1977.
51. See note 30, also: Frank Bardacke, "Decline and Fall of the UFW: Cesar's Ghost," The Nation, July 26/August 2, 1993, 130-35; Frank Bardacke, "Exchange: The Chavez Legacy," The Nation, November 22, 1993, 606, 635-36; Wayne King, "Chavez Faces Internal and External Struggles," New York Times, December 6, 1981; Linda C. Majka and Theo J. Majka, "The Decline of the Farm Labor Movement in California: Organizational Crises and Political Change," Critical Sociology 19, no. 3 (1992): 3-36; and Michael Yates, "A Union Is Not a Movement," The Nation, November 19, 1977.
52. See note 30, also: Frank Bardacke, "Decline and Fall of the UFW: Cesar's Ghost," The Nation, July 26/August 2, 1993, 130-35; Frank Bardacke, "Exchange: The Chavez Legacy," The Nation, November 22, 1993, 606, 635-36; Wayne King, "Chavez Faces Internal and External Struggles," New York Times, December 6, 1981; Linda C. Majka and Theo J. Majka, "The Decline of the Farm Labor Movement in California: Organizational Crises and Political Change," Critical Sociology 19, no. 3 (1992): 3-36; and Michael Yates, "A Union Is Not a Movement," The Nation, November 19, 1977.
53. See note 30, also: Frank Bardacke, "Decline and Fall of the UFW: Cesar's Ghost," The Nation, July 26/August 2, 1993, 130-35; Frank Bardacke, "Exchange: The Chavez Legacy," The Nation, November 22, 1993, 606, 635-36; Wayne King, "Chavez Faces Internal and External Struggles," New York Times, December 6, 1981; Linda C. Majka and Theo J. Majka, "The Decline of the Farm Labor Movement in California: Organizational Crises and Political Change," Critical Sociology 19, no. 3 (1992): 3-36; and Michael Yates, "A Union Is Not a Movement," The Nation, November 19, 1977.
54. Richard Ofshe, "The Social Development of the Synanon Cult: The Managerial Strategy of Organizational Transformation," Sociological Analysis 41, no. 2 (1980): 109-27.
55. At the caucus preceding the formal vote, four of the nine board members voiced their strong opposition to the proposal, including Eliseo Medina, Jessica Govea, Mack Lyons, and Marshall Ganz. Once it was clear that Chavez's proposal was going to get a majority, Lyons and Medina switched their votes, so that the final formal vote was seven to two. E-mail communications with Marshall Ganz (June 11-June 13, 2003) and Paul Henggeler (June 27, 2003). Henggeler holds that the UFW's dual identity as both social movement and labor union, and Chavez's charismatic centrality to both, made it impossible for the board to effectively counter his positions, because when it did - as on several occasions - he would threaten to quit.
56. King, "Chavez Faces Internal and External Struggles."
57. Harry Bernstein, "Workers Can't Expect a Fair Shake from the Farm Board," Los Angeles Times, January 24, 1987, Metro section, pt. 1, pp. 1, 13; Cohen, "UFW Must Get Back to Organizing"; Rick Del Vecchio, "Chavez Returns to Battle for His Union's Life," San Francisco Chronicle, June 8, 1987, 6; John Hubner, "The God of the Movement," San Jose Mercury News, August 19, 1984, West edition, 10, 33; "What Happened to Chavez' Union?" Newsweek, December 14, 1981, 22, 24; and Constanza Montana and John Emshwiller, "Staying Alive: Its Ranks Eroding, Farm Worker Union Struggles to Survive," Wall Street Journal, September 9, 1986, 25.
58. Harry Bernstein, "Workers Can't Expect a Fair Shake from the Farm Board," Los Angeles Times, January 24, 1987, Metro section, pt. 1, pp. 1, 13; Cohen, "UFW Must Get Back to Organizing"; Rick Del Vecchio, "Chavez Returns to Battle for His Union's Life," San Francisco Chronicle, June 8, 1987, 6; John Hubner, "The God of the Movement," San Jose Mercury News, August 19, 1984, West edition, 10, 33; "What Happened to Chavez' Union?" Newsweek, December 14, 1981, 22, 24; and Constanza Montana and John Emshwiller, "Staying Alive: Its Ranks Eroding, Farm Worker Union Struggles to Survive," Wall Street Journal, September 9, 1986, 25.
59. Harry Bernstein, "Workers Can't Expect a Fair Shake from the Farm Board," Los Angeles Times, January 24, 1987, Metro section, pt. 1, pp. 1, 13; Cohen, "UFW Must Get Back to Organizing"; Rick Del Vecchio, "Chavez Returns to Battle for His Union's Life," San Francisco Chronicle, June 8, 1987, 6; John Hubner, "The God of the Movement," San Jose Mercury News, August 19, 1984, West edition, 10, 33; "What Happened to Chavez' Union?" Newsweek, December 14, 1981, 22, 24; and Constanza Montana and John Emshwiller, "Staying Alive: Its Ranks Eroding, Farm Worker Union Struggles to Survive," Wall Street Journal, September 9, 1986, 25.
60. Harry Bernstein, "Workers Can't Expect a Fair Shake from the Farm Board," Los Angeles Times, January 24, 1987, Metro section, pt. 1, pp. 1, 13; Cohen, "UFW Must Get Back to Organizing"; Rick Del Vecchio, "Chavez Returns to Battle for His Union's Life," San Francisco Chronicle, June 8, 1987, 6; John Hubner, "The God of the Movement," San Jose Mercury News, August 19, 1984, West edition, 10, 33; "What Happened to Chavez' Union?" Newsweek, December 14, 1981, 22, 24; and Constanza Montana and John Emshwiller, "Staying Alive: Its Ranks Eroding, Farm Worker Union Struggles to Survive," Wall Street Journal, September 9, 1986, 25.
61. Harry Bernstein, "Workers Can't Expect a Fair Shake from the Farm Board," Los Angeles Times, January 24, 1987, Metro section, pt. 1, pp. 1, 13; Cohen, "UFW Must Get Back to Organizing"; Rick Del Vecchio, "Chavez Returns to Battle for His Union's Life," San Francisco Chronicle, June 8, 1987, 6; John Hubner, "The God of the Movement," San Jose Mercury News, August 19, 1984, West edition, 10, 33; "What Happened to Chavez' Union?" Newsweek, December 14, 1981, 22, 24; and Constanza Montana and John Emshwiller, "Staying Alive: Its Ranks Eroding, Farm Worker Union Struggles to Survive," Wall Street Journal, September 9, 1986, 25.
62. Harry Bernstein, "Workers Can't Expect a Fair Shake from the Farm Board," Los Angeles Times, January 24, 1987, Metro section, pt. 1, pp. 1, 13; Cohen, "UFW Must Get Back to Organizing"; Rick Del Vecchio, "Chavez Returns to Battle for His Union's Life," San Francisco Chronicle, June 8, 1987, 6; John Hubner, "The God of the Movement," San Jose Mercury News, August 19, 1984, West edition, 10, 33; "What Happened to Chavez' Union?" Newsweek, December 14, 1981, 22, 24; and Constanza Montana and John Emshwiller, "Staying Alive: Its Ranks Eroding, Farm Worker Union Struggles to Survive," Wall Street Journal, September 9, 1986, 25.
63. Cohen, "UFW Must Get Back to Organizing," 5.
64. Eric Brazil, "Why the ALRB Is under Constant Attack," California Journal (June 1979):194-96. This section has benefited particularly from press accounts of the conflicts discussed and from interviews with Mike Johnston, business agent, Teamsters Local 890, and Duane B. Beeson, Esq., Beeson, Tayer, and Bodine, San Francisco.
65. "UFW Violence Charged in Lettuce Grower Suit," Daily Democrat, April 10, 1979, 17.
66. The treble and punitive damages claimed in these cases were based on the substantial violent conduct of strikers, which can justify such damages under California law (sees. 51.7, 52, California Civil Code), especially if the union fails to take reasonable steps to prevent striker misconduct (sec. 3294, California Civil Code).
67. "Bruce Church Awarded $5.4 Million in 1984 Lawsuit against UFW Boycott," The Packer, April 9, 1988, 3A; Bruce Church, Inc., v. UWF (Church v. UFW), Memorandum Decision, Appeal from the Superior Court of Yuma County, Division 1, Court of Appeals, State of Arizona, Division 1 (February 13, 1996).
68. "Bruce Church Awarded $5.4 Million in 1984 Lawsuit against UFW Boycott," The Packer, April 9, 1988, 3A; Bruce Church, Inc., v. UWF (Church v. UFW), Memorandum Decision, Appeal from the Superior Court of Yuma County, Division 1, Court of Appeals, State of Arizona, Division 1 (February 13, 1996).
69. Auditor General, The Agricultural Labor Relations Board's Administration of the Agricultural Labor Relations Act, Report to the Joint Legislative Audit Committee, California Legislature (Sacramento, CA: Auditor General, 1985); Philip Martin, Promises to Keep: Collective Bargaining in California Agriculture (Ames: Iowa State University Press, 1996); and Ann Marie Vandeman, "Labor Contracting in California Agriculture" (Ph.D. diss., University of California, Berkeley, Department of Agricultural Economics, 1988).
70. Auditor General, The Agricultural Labor Relations Board's Administration of the Agricultural Labor Relations Act, Report to the Joint Legislative Audit Committee, California Legislature (Sacramento, CA: Auditor General, 1985); Philip Martin, Promises to Keep: Collective Bargaining in California Agriculture (Ames: Iowa State University Press, 1996); and Ann Marie Vandeman, "Labor Contracting in California Agriculture" (Ph.D. diss., University of California, Berkeley, Department of Agricultural Economics, 1988).
71. Auditor General, The Agricultural Labor Relations Board's Administration of the Agricultural Labor Relations Act, Report to the Joint Legislative Audit Committee, California Legislature (Sacramento, CA: Auditor General, 1985); Philip Martin, Promises to Keep: Collective Bargaining in California Agriculture (Ames: Iowa State University Press, 1996); and Ann Marie Vandeman, "Labor Contracting in California Agriculture" (Ph.D. diss., University of California, Berkeley, Department of Agricultural Economics, 1988).
72. Wells, Strawberry Fields, 251-77.
73. Fred Krissman, "California Agribusiness and Mexican Farmworkers (1942-1992): A Binational Agricultural System of Production/Reproduction" (Ph.D. diss., University of California, Santa Barbara, 1996); Vandeman, Labor Contracting; and Jack Lloyd, John Mamer, and Philip Martin, "The Ventura Citrus Labor Market," (unpublished manuscript, University of California, Davis, Department of Agricultural Economics, May 1987).
74. Fred Krissman, "California Agribusiness and Mexican Farmworkers (1942-1992): A Binational Agricultural System of Production/Reproduction" (Ph.D. diss., University of California, Santa Barbara, 1996); Vandeman, Labor Contracting; and Jack Lloyd, John Mamer, and Philip Martin, "The Ventura Citrus Labor Market," (unpublished manuscript, University of California, Davis, Department of Agricultural Economics, May 1987).
75. Fred Krissman, "California Agribusiness and Mexican Farmworkers (1942-1992): A Binational Agricultural System of Production/Reproduction" (Ph.D. diss., University of California, Santa Barbara, 1996); Vandeman, Labor Contracting; and Jack Lloyd, John Mamer, and Philip Martin, "The Ventura Citrus Labor Market," (unpublished manuscript, University of California, Davis, Department of Agricultural Economics, May 1987).
76. These figures are based on the state Employment Development Department's unemployment insurance files, which report monthly employment in major employer categories. See Don Villarejo, "California Farm Employers: 25 Years Later," (paper presented at "The ALRA at 25," Davis, CA, October 4, 2000).
77. Villarejo, "California Farm Employers," 11-12.
78. Ibid., 13ff.; Farm Labor Contractors, 37; Sabrina J. Ise and others "Grower Beliefs Determine Hiring Practices," California Agriculture (March-April 1996): 17-21. Because FLCs are the "employers" for purposes of the Immigration Reform and Control Act of 1986 (IRCA), their engagement enables growers to offload the burdens of immigration record keeping and verification, as well as the liability for hiring unauthorized workers.
79. Ibid., 13ff.; Farm Labor Contractors, 37; Sabrina J. Ise and others "Grower Beliefs Determine Hiring Practices," California Agriculture (March-April 1996): 17-21. Because FLCs are the "employers" for purposes of the Immigration Reform and Control Act of 1986 (IRCA), their engagement enables growers to offload the burdens of immigration record keeping and verification, as well as the liability for hiring unauthorized workers.
80. Ibid., 13ff.; Farm Labor Contractors, 37; Sabrina J. Ise and others "Grower Beliefs Determine Hiring Practices," California Agriculture (March-April 1996): 17-21. Because FLCs are the "employers" for purposes of the Immigration Reform and Control Act of 1986 (IRCA), their engagement enables growers to offload the burdens of immigration record keeping and verification, as well as the liability for hiring unauthorized workers.
81. Because of their fugitive status, undocumented workers are always undercounted and their numbers can only be estimated. In 2002, agricultural economist Philip Martin estimated that from about 50 percent to 67 percent of the U.S. farm labor force was undocumented. See Robert L. Bach and Howard Brill, Impact of the IRCA on the U.S. Labor Market and Economy (Binghamton: SUNY, Institute for Multiculturalism and International Labor, 1991); Philip Martin, "Farm Labor Policies: Status Quo, Guest Workers, Legalization" (Davis, California, March 15, 2002); Kala Mehta and others, Findings from the National Agricultural Workers Survey (NAWS) 1997-1998: A Demographic and Employment Profile of United States Farmworkers (Washington, DC: U.S. Department of Labor, March 2000); and Jeffrey Passel, "Immigration Today: Emerging Patterns in the U.S. and California" (Oxnard, CA, April 4, 2002).
82. Because of their fugitive status, undocumented workers are always undercounted and their numbers can only be estimated. In 2002, agricultural economist Philip Martin estimated that from about 50 percent to 67 percent of the U.S. farm labor force was undocumented. See Robert L. Bach and Howard Brill, Impact of the IRCA on the U.S. Labor Market and Economy (Binghamton: SUNY, Institute for Multiculturalism and International Labor, 1991); Philip Martin, "Farm Labor Policies: Status Quo, Guest Workers, Legalization" (Davis, California, March 15, 2002); Kala Mehta and others, Findings from the National Agricultural Workers Survey (NAWS) 1997-1998: A Demographic and Employment Profile of United States Farmworkers (Washington, DC: U.S. Department of Labor, March 2000); and Jeffrey Passel, "Immigration Today: Emerging Patterns in the U.S. and California" (Oxnard, CA, April 4, 2002).
83. Because of their fugitive status, undocumented workers are always undercounted and their numbers can only be estimated. In 2002, agricultural economist Philip Martin estimated that from about 50 percent to 67 percent of the U.S. farm labor force was undocumented. See Robert L. Bach and Howard Brill, Impact of the IRCA on the U.S. Labor Market and Economy (Binghamton: SUNY, Institute for Multiculturalism and International Labor, 1991); Philip Martin, "Farm Labor Policies: Status Quo, Guest Workers, Legalization" (Davis, California, March 15, 2002); Kala Mehta and others, Findings from the National Agricultural Workers Survey (NAWS) 1997-1998: A Demographic and Employment Profile of United States Farmworkers (Washington, DC: U.S. Department of Labor, March 2000); and Jeffrey Passel, "Immigration Today: Emerging Patterns in the U.S. and California" (Oxnard, CA, April 4, 2002).
84. Because of their fugitive status, undocumented workers are always undercounted and their numbers can only be estimated. In 2002, agricultural economist Philip Martin estimated that from about 50 percent to 67 percent of the U.S. farm labor force was undocumented. See Robert L. Bach and Howard Brill, Impact of the IRCA on the U.S. Labor Market and Economy (Binghamton: SUNY, Institute for Multiculturalism and International Labor, 1991); Philip Martin, "Farm Labor Policies: Status Quo, Guest Workers, Legalization" (Davis, California, March 15, 2002); Kala Mehta and others, Findings from the National Agricultural Workers Survey (NAWS) 1997-1998: A Demographic and Employment Profile of United States Farmworkers (Washington, DC: U.S. Department of Labor, March 2000); and Jeffrey Passel, "Immigration Today: Emerging Patterns in the U.S. and California" (Oxnard, CA, April 4, 2002).
85. The appointed general counsel has final authority to dismiss unfair labor practice (ULP) charges or include them in a complaint; Deukmejian's general counsel took office in 1983, and 1983-84 was the first full fiscal year of his administration.
86. Governors' terms begin on January 1; ALRB fiscal years end on June 30. Because of the carryover in reputation and appointees' tenures, we include the six months of overlap in the prior governor's term.
87. Data for these ratings were derived from newspapers, magazines, and books describing the period; interviews with agency and union staff; and biographies, letters of support and opposition, and the texts of appointment hearings for board members and general counsels generously provided by the State Senate Rules Committee. Each individual was assigned a progrower and prolabor score on the following dimensions: (1) prior (business or agribusiness-related/labor or farm labor-related) occupation, (2) work for or membership in (Republican/Democratic) Party, (3) appointment explicitly supported by (grower/labor) interests, (4) appointment explicitly opposed by (labor/grower) interests, (5) appointment substantially supported by (labor/grower) interests, (6) expressed open sympathy for (grower/labor) perspective before appointment, (7) expressed open critique of (labor/ grower) perspective before appointment. A score of+1 or 0 was recorded for all questions except (5), which received a-1 when (3) was +1, to temper the intensity of leaning in cases where individuals received more balanced support. To get the progrower and proworker ratings for a single year, the scores of each individual were totaled for each axis and multiplied by the fraction of a year the individual served. Then individual scores were totaled and divided by the sum of person-years served by all individuals in that year.
88. Harry Bernstein, "5 Named to New Farm Labor Unit," Los Angeles Times, July 27, 1975, Metro section, pt. 1, p. 3. Detailed information as to the names, terms, and prior occupations and involvements of Board appointees under Brown, Deukmejian, and Wilson is available from the author on request.
89. Rodriguez, "ALRB to Bear Duke's Stamp," A12.
90. John Norton III, "Norton: Labor-Law 'Balance' Poses Uphill, Essential Goal," The Packer, October 4, 1980, 1AA, 3AA.
91. That is, from 1975-76 through 1981-82 an annual average of 42 percent of ULP charges filed (the vast majority of which are filed by unions against employers) were included in a complaint, with a high of 56 percent in 1976-77. This proportion is significantly higher than the average of less than 33 percent of charges filed that are customarily forwarded to complaint by the NLRB, a proportion that many regard as a baseline for neutral agency operation. Telephone communications, Solicitor John E. Higgins, NLRB, January 24-29, 2001.
92. Brazil, "Why the ALRB Is under Constant Attack."
93. Majka and Majka, Farmworkers, Agribusiness and the State, 272-73; Scholz, "Duke's ALRB," 376.
94. Majka and Majka, Farmworkers, Agribusiness and the State, 272-73; Scholz, "Duke's ALRB," 376.
95. Herbert A. Sample, "Controversy Is Farm Board's Steadiest Crop," Sacramento Bee, August 16, 1987, A3.
96. Diane Wagner, "Some Staff Attorneys Say the Farm Labor Board Now Favors Growers," California Lawyer, March, 23-26, 1987, 63.
97. Scholz, "Duke's ALRB," 376.
98. Henry Weinstein, "Labor Faction Loses Majority on Farm Board," Los Angeles Times, January 3, 1986, sec. 1, pp. 1, 26.
99. Montana and Emshwiller, "Staying Alive."
100. David Stirling, "Farm Labor Board Is Now Fair: No Thanks to Chavez," Los Angeles Times, September 24, 1985, Metro section, pt. 2, p. 5.
101. Auditor General, Agricultural Labor Relations Board's Administration, 41; Scholz, "Duke's ALRB"; Wagner, "Some Staff Attorneys Say."
102. Auditor General, Agricultural Labor Relations Board's Administration, 41; Scholz, "Duke's ALRB"; Wagner, "Some Staff Attorneys Say."
103. Auditor General, Agricultural Labor Relations Board's Administration, 41; Scholz, "Duke's ALRB"; Wagner, "Some Staff Attorneys Say."
104. Auditor General, Agricultural Labor Relations Board's Administration.
105. Wagner, "Some Staff Attorneys Say," 24-25.
106. Joan Smith, "State High Court Hands Farmworkers Labor Law Defeat," San Francisco Examiner, August 4, 1987, 25.
107. Eric Brazil, "Growers Back Faltering ALRB in Rare Move," San Francisco Examiner-Chronicle, February 8,1987, B4; Scholz, "Duke's ALRB," 375-76.
108. Eric Brazil, "Growers Back Faltering ALRB in Rare Move," San Francisco Examiner-Chronicle, February 8,1987, B4; Scholz, "Duke's ALRB," 375-76.
109. Rodriguez, "ALRB to Bear Duke's Stamp," B8; Sample, "Controversy," A3.
110. Rodriguez, "ALRB to Bear Duke's Stamp," B8; Sample, "Controversy," A3.
111. Elizabeth Schilling, "The ALRB in the '90s - Do Not Disturb... Agency Asleep," California Journal, March 1, 1992, 3.
112. I b i d.
113. Senate Rules Committee, State of California Hearing (Sacramento: California Senate, May 13, 1996).
114. Manuel Alcantar, "Keep the Access," Fresno Bee, December 11, 1997, B6; Mike Lewis, "Access Rule for Farm Labor Organizers Left Alone; Agriculture Board Decides Not to Rewrite 22-Year-Old Regulation," Fresno Bee, May 14, 1998, Telegraph section, A3; Paul Richardson, "Chapter Two: Labor on the Farm; Agriculture: If the Promise of the ALRB Is to Be Realized, All Parties Must Be Given a Forum," Los Angeles Times, April 7, 1997, Metro section, 5; and Senate Rules Committee, 20-21.
115. Manuel Alcantar, "Keep the Access," Fresno Bee, December 11, 1997, B6; Mike Lewis, "Access Rule for Farm Labor Organizers Left Alone; Agriculture Board Decides Not to Rewrite 22-Year-Old Regulation," Fresno Bee, May 14, 1998, Telegraph section, A3; Paul Richardson, "Chapter Two: Labor on the Farm; Agriculture: If the Promise of the ALRB Is to Be Realized, All Parties Must Be Given a Forum," Los Angeles Times, April 7, 1997, Metro section, 5; and Senate Rules Committee, 20-21.
116. Manuel Alcantar, "Keep the Access," Fresno Bee, December 11, 1997, B6; Mike Lewis, "Access Rule for Farm Labor Organizers Left Alone; Agriculture Board Decides Not to Rewrite 22-Year-Old Regulation," Fresno Bee, May 14, 1998, Telegraph section, A3; Paul Richardson, "Chapter Two: Labor on the Farm; Agriculture: If the Promise of the ALRB Is to Be Realized, All Parties Must Be Given a Forum," Los Angeles Times, April 7, 1997, Metro section, 5; and Senate Rules Committee, 20-21.
117. Manuel Alcantar, "Keep the Access," Fresno Bee, December 11, 1997, B6; Mike Lewis, "Access Rule for Farm Labor Organizers Left Alone; Agriculture Board Decides Not to Rewrite 22-Year-Old Regulation," Fresno Bee, May 14, 1998, Telegraph section, A3; Paul Richardson, "Chapter Two: Labor on the Farm; Agriculture: If the Promise of the ALRB Is to Be Realized, All Parties Must Be Given a Forum," Los Angeles Times, April 7, 1997, Metro section, 5; and Senate Rules Committee, 20-21.
118. Robert B. Gunnison, "A New Era Flowers in California's Fields," San Francisco Chronicle, Sacramento Bureau, April 20, 1997, sec. 3, p. 1.
119. Kathryn Sikkink, "Transnational Advocacy Networks," in Activists beyond Borders, ed. Margaret E. Keck and Kathryn Sikkink (Ithaca, NY: Cornell University Press, 1998).
120. I b i d.
121. E. E. Schattschneider, The Semisovereign People: A Realist's View of Democracy in America (New York: Holt, Rinehart, & Winston, 1960), 9-19.
122. In September 2002, California Governor Gray Davis signed the first major amendments to the ALRA in twenty-seven years, providing that if a farm employer and certified union cannot negotiate a first collective bargaining agreement within six months, a mediator can impose an agreement. The foregoing analysis suggests that, given current labor market conditions and union strategy, this change is unlikely to significantly increase union representation in California agriculture. See Philip Martin and Bert Mason, "Mandatory Mediation Changes Rules for Negotiating Farm Labor Contracts," California Agriculture 57, no. 1 (January-March 2003): 13-17.
123. Rosenberg, "Contractor Crackdown."
124. Jess Gilbert and Carolyn Howe, "Beyond 'State vs. Society': Theories of the State and New Deal Agricultural Policies," American Sociological Review 56 (April 1991): 204-20.
125. Goldfield, "Worker Insurgency"; Jenkins, The Politics of Insurgency; Frances Fox Piven and Richard Cloward, Poor Peoples 'Movements: Why They Succeed, How They Fail (New York: Pantheon, 1977); and Majka and Majka, Farmworkers, Agribusiness and the State.
126. Goldfield, "Worker Insurgency"; Jenkins, The Politics of Insurgency; Frances Fox Piven and Richard Cloward, Poor Peoples' Movements: Why They Succeed, How They Fail (New York: Pantheon, 1977); and Majka and Majka, Farmworkers, Agribusiness and the State.
127. Goldfield, "Worker Insurgency"; Jenkins, The Politics of Insurgency; Frances Fox Piven and Richard Cloward, Poor Peoples 'Movements: Why They Succeed, How They Fail (New York: Pantheon, 1977); and Majka and Majka, Farmworkers, Agribusiness and the State.
128. David Montgomery, Workers' Control in America: Studies in the History of Work, Technology, and Labor Struggles (New York: Cambridge University Press, 1979).
129. Bruce Goldstein and others, "Enforcing Fair Labor Standards in the Modern American Sweatshop: Rediscovering the Statutory Definition of Employment," UCLA Law Review 46 (April 1999): 983-1164; Wells, Strawberry Fields.
130. Bruce Goldstein and others, "Enforcing Fair Labor Standards in the Modern American Sweatshop: Rediscovering the Statutory Definition of Employment," UCLA Law Review 46 (April 1999): 983-1164; Wells, Strawberry Fields.