Don’t let the media coverage of AB 5 distract from Gonzalez-Fletcher’s anti-farm worker record

By Alex Martinez

The passage of Assembly Bill 5 (AB 5) has had ripple effects across the state - and the country - likely far bigger than the bill’s sponsor, Assemblywoman Lorena Gonzalez-Fletcher, could have ever imagined. The working-class families impacted across the state may never be the same, and sadly, this is not the first time that Gonzalez-Fletcher’s support for a particular policy has negatively affected the lives of workers. But, hopefully with proper public pressure, this will be the last. 

The public outcry regarding AB 5 started almost immediately. The bill was signed into law on September 18, 2019. A week later, the Los Angeleno reported that Uber drivers would rather quit than be classified as employees. Within a month, Forbes posted about how this bill would have a major impact on the current franchise model, given how franchisees have long operated as independent contractors.

The law was also panned by some journalists, and this is after the press received a carve out in the bill that allowed them to do 35 assignments per news outlet each year while still being classified as an independent contractor. 

The backlash to AB 5 was immediate, severe, and came from different sectors all across our economy. Due to the public and frequent outcry by working-class people throughout the state, action is already being taken to minimize the negative impacts of the law, with "tens of thousands" of app-based drivers hoping to secure an exemption to AB 5 through a ballot measure and a California court recently ruling that truck drivers are excluded from AB 5.

Hopefully, the same type of public attention will also be put towards Gonzalez-Fletcher’s anti-farm worker record. 

What many Californians might not know is that despite Gonzalez-Fletcher boasting about how she is on the side of workers, like she has with AB 5, she took several votes over the past few years that have put her on the exact opposite side of farm workers.

During the last legislative session, Assemblyman Jim Patterson introduced a set of bills that would provide farm workers with more legal protections and rights, which were sorely needed after an incident in Fresno that Gonzalez-Fletcher was abundantly aware of. 

The United Farm Workers (UFW) union had entered into negotiations to represent Fresno farm workers, but after one discussion session the union disappeared and was not heard from for over 20 years.

Once the UFW did return, they tried to force a contract on workers that was government-written and would have lowered the workers' take home pay, without giving the farm workers a chance to negotiate. When the farm workers organized and held a vote to decertify the union, the union alongside the CA Agricultural Labor Relations Board tried to throw out the farm workers’ votes. Thankfully, due to a California court order, the votes were counted and the farm workers successfully decertified the UFW.

As a response, Rep. Patterson introduced Assembly Bills 3092, 3093, and 3094. This legislative package would have decertified a union (like the UFW) if they abandoned farm workers for more than 3 years, given workers a say in contracts before they can be imposed upon them, and would have required a judicial review before farm workers union election votes could be thrown out. 

Not only did Gonzalez-Fletcher oppose this legislative package, she spoke out against the policies during the Assembly Committee hearing on the bills. 

Gonzalez-Fletcher deserves all the negative attention she is receiving as a result of the consequences of her bill, AB 5. But we should not forget about the farm workers, who don’t have expensive lobbyists like Uber or extensive platforms like journalists. Gonzalez-Fletcher had an opportunity to fight on behalf of them, and be their champion, but decided to side with union bosses instead. Thankfully, organizations like Pick Justice Action are working hard to highlight her record and are being the real champion that farm workers deserve.

Alex Martinez is a political commentator from Norwalk, CA.