1. Alert to Agricultural Growers!
As you are likely aware, the UFW has filed a significant number of Notices of Intent to
Take Access (“NA’s”) in the past several days. In response, the ALRB has resorted to
calling employers rather than providing proof that a valid Notice of Intent to Take Access
has been filed against them. In addition, the ALRB is also assisting the UFW by
attempting to schedule UFW visits. Employers need to be aware that in order for a Notice
of Intent to Take Access to be valid, it must include a valid case number and signature
along with a stamp in the upper right hand corner. Based on what we have seen the last
several days, employers need to know the following:
A Few Points of Clarity
1. Notices of Intent to Take Access are not valid unless they are properly filed with
the ALRB, contain a valid case number and signature, along with a stamp in the
upper right hand corner.
2. The ALRB has been calling employers to inform them that a Notice of Intent to
Take Access has been filed on the company. A call from the ALRB does not
constitute service.
3. The ALRB has been calling employers to schedule visits by the UFW. The ALRB
cannot make an appointment for the UFW to come and take access to your
property.
4. If you receive the attached letter, you do not need to respond.
5. The UFW organizers are requesting to be escorted by television crews of
Telemundo. Employers should limit the number of people taking access to their
property to the minimum required by the law. The Saqui Law Group has provided
a cheat sheet to assist employers in navigating access by unions on your property.
Counsel to Management: The ALRB has removed the veil of impartiality and is now
assisting the UFW in facilitating access to your property. Not only are they trying to
schedule visits for the UFW, but they are not providing the requisite proof that a valid
Notice of Intent to Take Access has been filed. Employers should be aware that the UFW
will attempt to make access to each property a huge event. Limiting access to those
necessary will limit the grand spectacle they desire. Please do not hesitate to contact The
Saqui Law Group if you have any questions about Notices of Intent to Take Access