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California Agricultural Labor Relations Act : ウィキペディア英語版
California Agricultural Labor Relations Act
The California Agricultural Labor Relations Act (CALRA) is a landmark〔(Editorial. "Farm Workers’ Rights, 70 Years Overdue." ''New York Times.'' April 5, 2009. )〕 statute enacted by the state of California which became law on June 4, 1975,〔"Governor Signs Historic Farm Labor Legislation." ''Los Angeles Times.'' June 5, 1975.〕 and which establishes collective bargaining for farmworkers in that state.〔Hurt, R. Douglas. ''American Agriculture: A Brief History.'' Lafayette, Ind.: Purdue University Press, 2002. ISBN 1-55753-281-8〕
The goal of the Act is to "ensure peace in the agricultural fields by guaranteeing justice for all agricultural workers and stability in labor relations."〔''Agricultural Labor Relations Act of 1975,'' Cal.Stats. 1975, Third Extraordinary Session, c. 1 Sec. 1 at 4013.〕 The Act, part of the California Labor Code, explicitly encourages and protects "the right of agricultural employees to full freedom of association, self-organization, and designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and to be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection."〔''Agricultural Labor Relations Act.'' California Labor Code. Division 2, Part 3.5, Section 1140.2.〕
The Act established rules and authorized regulations similar to those of National Labor Relations Act, a federal law which formally protected the collective bargaining rights of most American workers except farm and domestic workers.〔Higgins, John E. and Janus, Peter A. ''The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act.'' 5th ed. Washington, D.C.: BNA Books, 2006. ISBN 1-57018-585-9〕 The California Agricultural Labor Relations Board (ALRB) administers the Act. The ALRB has two functions: To conduct, oversee, and certify representation elections, and to investigate unfair labor practice (ULP) charges and pursue remedies.〔 Administrative law judges and agency staff adjudicate most cases, with the five-member Board serving as a final arbiter.〔
==Background==
Collective bargaining rights for most hourly workers in the United States were first given legal protection in 1933 by Section 7a of the National Industrial Recovery Act (NIRA). Although NIRA did not specifically exempt agricultural laborers from the protection of the Act, the Roosevelt administration—eager to win over farm-state members of Congress—argued that farmworkers were excluded.〔〔Weber, Devra. ''Dark Sweat, White Gold: California Farm Workers, Cotton, and the New Deal.'' Berkeley, Calif.: University of California Press, 1996. ISBN 0-520-20710-6〕 When the National Labor Relations Act (NLRA) was enacted in 1935, it, too, specifically exempted agricultural workers due to pressure from the "farm bloc" in Congress.〔〔〔The NLRA was not the only federal law to discriminate against farmworkers. The Social Security Act of 1935 and Fair Labor Standards Act of 1938 also excluded them. See: Hurt, ''American Agriculture: A Brief History,'' 2002.〕 Although a number of attempts were made in the 1920s, 1930s and 1940s to organize farm laborers, these efforts were unsuccessful.〔Bernstein, Irving. ''The Lean Years: A History of the American Worker, 1920-1933.'' Paperback ed. Baltimore: Penguin Books, 1972. ISBN 0-395-13657-1 (Originally published 1960); Bernstein, Irving. ''The Turbulent Years: A History of the American Worker, 1933-1941.'' Paperback edition. Boston: Houghton-Mifflin Co., 1970. ISBN 0-395-11778-X (Originally published 1969.)〕
In August 1966, the National Farm Workers Association and Agricultural Workers Organizing Committee, two unrecognized and relatively minor labor unions claiming to represent farm workers in California, merged to form the United Farm Workers Organizing Committee (the predecessor organization to the United Farm Workers).〔Feriss, Susan; Sandoval, Ricardo; and Hembree, Diana. ''The Fight in the Fields: Cesar Chavez and the Farmworkers Movement.'' New York: Houghton Mifflin Harcourt, 1998. ISBN 0-15-600598-0〕 Adopting the philosophy of pacifism in the face of often violent reaction to its organizing efforts and engaging in strikes, hunger strikes, boycotts and secondary boycotts (including the particularly successful Delano grape strike), marches, rallies, and cutting-edge public relations campaigns, the United Farm Workers (UFW) began organizing large numbers of agricultural laborers into unions.〔 In some cases, the UFW even won recognition and negotiated contracts.〔〔

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