National Labor Relations Board (NLRB) administrative law judge James Kennedy also ordered the company to reinstate, with full back pay and benefits, Ana Guzman, a worker fired for her union organizing. Another union supporter still at the company, Pamela Smith, will be reinstated to her former job classification. She had been demoted to a lower paying job for supporting the unionizing effort.

The Teamsters filed unfair labor practice charges against the company following a Jan. 8, 1998, election. Results at the time showed fruit packers, sorters, and forklift operators having voted 161 to 121 to reject union representation. In its appeal, the union was able to demonstrate that the company had used intimidation against the workers, including the firing of Guzman and demotion of Smith prior to the election. The company also broke the law when it refused to give the union a full list of employees and their addresses.

Guzman said in a phone interview that she was happy overall with the judge's decision. However, she said, "Instead of having a revote I would rather we were negotiating for a contract." The union had contended that since the company's many illegal acts had led to the union's election loss the election should be overturned and the Teamsters declared the workers bargaining agent.

"They gave excuses for firing me and putting Pam in a lower position," Guzman said. "I was fired for union organizing. This is justice that the company is obliged to give me back pay and my job. And I'm glad the workers will get another chance to vote for the union."

Kennedy's order also put bosses at Washington Fruit on notice that it must rescind all written reprimands used to harass workers who supported the union. The company must stop issuing warnings to and threatening workers who talk up the union, the judge said. He ordered the company to post a notice at the workplace that it has been found in violation of the National Labor Relations Act and that the workers have the right to organize and join a union.

The Teamsters had also filed unfair labor practice charges against Stemilt Growers in Wenatchee. After the case against Stemilt was settled last year, the union won a union representation election there by one vote. Both union organizing drives were part of a months-long campaign by the Teamsters to win contracts at these two fruit and produce packers in Washington State. There are approximately 100 packing companies in the state employing about 15,000 workers.

Ernest Mailhot is a meat packer and member of United Food and Commercial Workers Local 81.  
 
 
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