San Francisco, Calif. (December 22, 2005) – With help from National Right to Work Foundation attorneys, a grape picker employed by Gallo of Sonoma Wine appealed to the California State Supreme Court to order a counting of ballots cast by over 300 Gallo workers in a union decertification election that occurred nearly three years ago.

While the workers obtained an election to rid their workplace of the unwanted union, United Farm Workers of America (UFW) union officials have put a halt to a counting of the votes by filing unfair labor practice charges alleging unlawful employer interference.

Roberto Parra, a Gallo grape picker, appealed a perfunctory ruling by the Court of Appeal for the Third Appellate District not to review a decision by California Agricultural Labor Relations Board (ALRB). The ALRB had held – in conflict with related federal labor statutes – that minimal employer interference in an election could be grounds to throw out an election without ever ascertaining the employees’ wishes.

In 2003, Parra filed a petition for the decertification election, which would have removed the UFW union as the workers’ monopoly representative. Over 30% of the workers in the bargaining unit signed the petition requesting an election to throw out the unwanted union.

“Two wrongs don’t make a right. UFW union officials should not be allowed to thwart employee free choice because of a few technical violations by their employer,” said Stefan Gleason, Vice President of the National Right to Work Foundation. “Many Gallo workers want no part of this union, but UFW officials won’t take no for an answer and are abusing the process to maintain their privileged position.”

Foundation attorneys point out that the California Agricultural Labor Relations Act is modeled after the National Labor Relations Act, which proscribes that employer interference with an employee election must be substantial in order to justify that the result be set aside. While Parra does not dispute wrongdoing by Gallo officials leading up to the election, he cites that such behavior should not negate the exercise of the employees’ free will.

“The sins of the father should not be visited upon the children,” said Gleason.

If the decertification election ballots are counted and a majority of the employees voted against the union, UFW union officials would lose their special privilege to act as the monopoly bargaining representative of over 300 Gallo employees. Those workers then would be free to negotiate their own terms and conditions of employment and could be rewarded on their individual merit.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.