OXNARD : Dole Unit Sued Over Layoffs Notification

A farm worker advocacy group has filed a lawsuit against an Oxnard subsidiary of Dole Food Co. alleging the grower laid off 450 strawberry laborers without the 60-day notice required by federal law.

California Rural Legal Assistance filed the suit Tuesday against Ocean View Produce Co., which announced in June that it had given up growing strawberries and was plowing under its strawberry crop.

Although the layoffs came days after the United Farm Workers union had won an election to represent the seasonal laborers, Dole officials have said the move was strictly business, arguing the strawberry operation had not made money in five years.

Lee Pliscou, an attorney for the group, said the lawsuit filed in U.S. District Court in Los Angeles alleges only that the grower failed to give proper notice, and does not accuse Dole of unfair labor practices or retaliating against the workers. Attorneys are asking that the court certify the lawsuit as a class action and are seeking monetary damages on behalf of the workers.

“When Ocean View fired its strawberry workers, they were required under federal law to give them 60-day notice prior to their termination,” Pliscou said. “Some workers received notices that were postmarked July 22, after the season was over.”

Dole spokesman Tom Pernice said the company gave workers legal notice, since the seasonal laborers were told they were being laid off months before the new season was to begin.

“We do not agree with what CRLA is contending,” Pernice said. “We gave workers proper 60-day notice before the following start-up date. We feel that CRLA is incorrect in its interpretation of the law.”

Demetrio Silva, one of three named plaintiffs in the suit, said he has not been able to find work since he was laid off, and blames the alleged lack of notice.

“We don’t have much food,” said Silva, who supports his wife and three children. “I would have been back at work right now.”

Silva said about 70% of his former co-workers are still out of work.