ALRA - Agricultural Labor Relations Act

Concerted Activity

The Agricultural Labor Relations Act (Act) gives farm workers the right to engage in concerted activity, which means the right to act together to improve their working lives. Under the Act, two or more employees can join together and request changes in working conditions, better wages, more benefits, etc. from their employer. It is important to note that the Act only protects workers in situations where two or more workers act together or on each others' behalf. Workers also have to right not to participate in concerted activity. It is their choice whether or not to join a group of fellow employees seeking changes in working conditions, support a union, or engage in other concerted activities.

Examples of concerted activity include:

• Protesting or refusing to work in perceived unsafe conditions, such as extreme heat;
• Speaking to the foreman or other representative of the employer on behalf of a group of workers about a pay raise or improved working conditions;
• Talking to fellow workers about desired changes in wages or working conditions;
• Assisting fellow employees who bring complaints or demaands to the attention of management.

Farm Workers Do Not Have to Belong to a Union to Have a Right to Concerted Activity

Although the right to concerted activity includes the right to assist and join labor unions, a group of workers who are unaffiliated with a union may also work together to request changes in wages and other terms and conditions of employment.

It is Illegal for Employers to Fire or Otherwise Discipline Those who Engage in Concerted Activity

It is illegal for an employer to fire, lay off, demote or discriminate against a worker or group of workers because they have engaged in concerted activity. However, the Act only covers concerted activity.For example, usually an employee who does not like how he or she alone is being treated and complains to a supervisor, the Act will not provide protection from employer retaliation.

Employers Do Not Have to Meet the Employees' Demands

Employers are not required to give workers who engage in concerted activity what they ask for, however, the employer cannot punish the workers for joining together and making the requests. It also is important to note that the demands of the workers do not have to be reasonable to be protected. Also, some activities by employees such as violent acts or threats of violence may cause those employees to lose the Act's protection.

What to do if an Employer Fires or Disciplines Farm Workers Who Engage in Concerted Activity

It is an unfair labor practice (ULP) for an employer to threaten or punish workers because they have acted as a group to try to get higher wages or have engaged in other types of concerted activity. If this happens, a worker can go to the nearest Regional Office of the Agricultural Labor Relations Board (ALRB) and file an unfair labor practice charge (ULP charge). An agent from the ALRB will investigate the charge and take the proper action.

Charges are filed in the ALRB Regional Office that covers the county where the alleged ULP occurred. Forms for filing charges are available from any ALRB office. Charges must be filed no later than six months after the alleged ULP occurred.