Gerawan Farming fights labor union all the way to the U.S. Supreme Court

Gerawan FarmingSurprising no one, on Nov. 27, the California Supreme Court upheld the dubious Mandatory Mediation and Conciliation law against Gerawan Farming. The California Supreme Court heard the Gerawan case last fall on whether the state’s attempting to force mandatory agricultural labor union contracts violates the constitutional safeguard of equal protection. Fresno-based peach grower Gerawan Farming is one of the largest agriculture employers in the state.

The serious wrangling with the United Farm Workers Labor Union and ALRB began again in October of 2012, when the union insisted that a multi-decades old collective bargaining agreement covering Gerawan workers be reactivated, and tried to invoke a 2002 law that empowers the California Agricultural Labor Relations Board to impose a union contract on the company’s farm workers, and to deduct three percent of the 5,000 Gerawan employees’ pay — without their consent.

The Mandatory Mediation and Conciliation law allows state mediators to force union contracts on workers through binding mediation. – in essence, it shoves a contract down the throats of workers, without their consent. In the 48-page decision, the California Supreme Court Justices said, “We conclude that the MMC statute neither violates equal protection nor unconstitutionally delegates legislative power.”

“California Gov. Jerry Brown and the Democrat-supermajority State Legislature hold the state Supreme Court’s purse strings. Evidence of this can be found in the Monday California Supreme Court 7-0 decision in the Gerawan Farming case,” I wrote at the time of the decision.

“Today’s decision imposes the United Farm Workers on our employees, whether they want the UFW or not,” Gerawan Farming said in a statement. “In this case, since UFW had disappeared for almost two decades, 99% of the Gerawan employees never voted for UFW representation.” The California Supreme Court justices also notably did not place any value on Gerawan’s argument that the UFW labor union’s 22-year absence meant it forfeited its status as an employee representative.

Gerawan has since petitioned the United States Supreme Court for review of California’s Mandatory Mediation and Conciliation law, which appears to collide with the First Amendment and due process principles. …

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Remember the infamy of December 7, 1683

algernon-sidneyDecember 7 has “lived in infamy” since Pearl Harbor. But that date was already infamous before America was a country. In 1683, Algernon Sydney, who opposed Charles II for overstepping his powers, was executed for treason on that date, after a trial blatantly violating his rights (so blatantly that Parliament overturned his conviction in 1689). The key evidence was an unpublished manuscript arguing that the king was not above the law, which became “Discourses Concerning Government” 15 years later.

Sydney died for asserting a right of revolution to defend citizens against a king exceeding his legal authority. That radical claim later helped inspire the American Revolution, because, according to Thomas West, “His death as a martyr to liberty inspired [colonists] with a model in their own risky enterprise against the force of English arms.” On December 7, Sydney’s revolutionary words for liberty against government abuse merits remembering as much as a foreign attack on American soil.

Our rights and liberties are innate, inherent … from God and nature, not from Kings. … He who enjoys [liberty] cannot be deprived of it, unless by his own consent, or by force … in relation to my house, land, or estate; I may do what I please with them, if I bring no damage upon others.

Our natural liberty … is of so great importance that from thence only can we know whether we are freemen or slaves.

The liberty of one man cannot be limited or diminished by one or any number of men, and none can give away the right of another … ambition … cannot give a right to any over the liberties of a whole nation. Those who are so set up … are rather to be accounted robbers and pirates than magistrates.

Government[s] … degenerate into a most unjust and despicable tyranny, so soon as the supreme lord begins to prefer his own interest … before the good of his subjects … such an extreme deviation from the end of their institution annuls it; and the wound thereby given to the natural and original rights of those nations cannot be cured, unless they resume the liberties of which they have been deprived.

Prerogative is instituted only for the preservation of liberty … governments … in which every man’s liberty is least restrained … would be the most just, rational and natural.

The supreme law … [is] the preservation of their liberties, goods, lands and lives … all laws must be subservient and subordinate to it … if there be no other law … than the will of [government], there is no such thing as liberty. Property is also an appendage to liberty; and ‘tis … impossible for a man to have a right to lands or goods, if he has no liberty … overthrown by those who … ought with the utmost industry and vigor to have defended it.

Is it possible that any one man can make himself lord of a people … to whom God had given the liberty of governing themselves, by any other means than violence or fraud … the most outrageous injury that can be done … we are free-men … no man has a power over us, which is not given … the ends for which they are given … can be no other than to defend us from all manner of arbitrary power.

Shall it be lawful for [rulers] to usurp a power over the liberty of others, and shall it not be lawful for an injured people to resume their own? … The people … cannot but have a right to preserve their liberty … Those who defend, or endeavor to recover their violated liberties … act vigorously in a cause that God does evidently patronize.

Algernon Sydney defended “the natural, universal liberty of mankind.” He helped inspire the American Revolution, because “a people from all ages in love with liberty and desirous to maintain their own privileges could never be brought to resign them.” However, it is unclear that Americans retain such beliefs, judging by they extent our rights have been resigned to government overstepping. We should revisit his understanding and commitment, if we are to reclaim our heritage of liberty.

Gary M. Galles is a Professor of Economics at Pepperdine University, a Research Fellow at the Independent Institute, and an Adjunct Scholar at the Ludwig von Mises Institute and a member of the Foundation for Economic Education Faculty Network. His books include Lines of Liberty (2016), Faulty Premises, Faulty Policies (2014) and Apostle of Peace (2013).