While hoping the board membership would include a balanced representation of the agricultural community, they argued that appointees tended to be pro-union and that the vast majority of their rulings favored labor interests. Where there were once upward of 200 staff members in regional offices across the state dedicated to pursuing complaints, the agency now has fewer than 70 employees in offices in El Centro, Visalia and Salinas. During those years, hundreds of unfair labor practice charges filed by farm workers were dismissed without investigation, and many of those that did result in charges were settled for as little as 10 cents on the dollar, labor groups say. Since 1996, the agency has investigated 873 charges brought by farm workers or labor unions, and 109 have resulted in formal complaints. The agency has investigated 48 charges brought by growers during that period, with 10 resulting in complaints.
Complaints are civil lawsuits that can result in fines, awards of back pay and other sanctions.
Although Richardson has stressed the need to evaluate each charge on its merits, he said it's only natural that the agency come under fire, given that it is sandwiched between two highly competitive forces. But he said no matter who is in control of the state Capitol, it's essential that the board continue his evenhanded approach if it hopes to be viewed by both sides as an agency that can resolve labor disputes fairly. Ironically, it could be Richardson himself who provides the first test for the new administration. UFW officials contend that Richardson's four-year term ends in July, the anniversary of his appointment date, opening the door for Davis to appoint his own general counsel. But Richardson is refusing to leave early, saying he isn't due to step down until August of 2000, four years after his confirmation by the Legislature.