Undocumented Farm Workers

Contrary to the imaginative opinion of Times labor writer Harry Bernstein (Feb. 20), “Growers Seek Less Protection for Illegals,” the California Agricultural Labor Relations Board should uphold the U.S. Supreme Court decision forbidding the rehiring or payment of back pay to undocumented workers.

It’s incredulous that The Times or the ALRB would be so arrogant as to try to instruct growers to act contrary to the nation’s immigration laws.

If the United Farm Workers union was going to get off the ground, it would have done so by now, 22 years after its formation. A simple upholding of the nation’s immigration laws is not going to gut the state’s labor law nor change the hiring practices of California growers.

Perhaps not so surprising is the changing mood of Cesar Chavez and the UFW. In 1979, Chavez’s union was responsible for the deportation of undocumented workers who crossed picket lines to work in the fields.

Now, Chavez acts as the undocumented workers’ champion in trying to have growers be required to reinstate them. It’s obvious he’s on the undocumented workers’ side as long as they’re the kind he can organize and soak for dues.

The Supreme Court, in its decision, provided a system to penalize employers who illegally discharge undocumented workers because of their involvement in union activities. Cease and desist orders are enforceable by a judge.

If an employer continues to discharge undocumented employees for union activities, he or she can be found in contempt of court. The employer could then face criminal charges with possible fines and jail terms. This is a substantial penalty that does not conflict with the intent of the federal immigration law.

DARYL ARNOLD

Irvine

Arnold is president of the Western Growers Assn.