On Cesar Chavez's Birthday, New National Farmworker Campaign Launched

http://www.beyondchron.org/news/index.php?itemid=6757

by Randy Shaw
Mar. 31‚ 2009

When Barack Obama adopted "Yes We Can" as his campaign theme, he 
harkened back to the "Si Se Puede" rallying cry popularized by Cesar 
Chavez and the United Farmworkers of America (UFW). As we celebrate 
Cesar Chavez Day, the President should consider a more lasting action 
to honor the UFW leader's legacy: revising the 1935 National Labor 
Relations Act (NLRA) so that it no longer excludes farmworkers. To 
this end, former UFW general counsel Jerry Cohen and veteran UFW 
activist and Farmworker Documentation Project founder LeRoy Chatfield 
are launching a national initiative called LABOR JUSTICE to bring 
farmworkers and domestics under the protections of the 1935 National 
Labor Relations Act. Here's why the campaign is so important, and how 
you can join.

Cesar Chavez Day is a time for reflection, but also for action. And 
two key leaders in the farmworker movement are choosing today to 
publicly announce a national campaign to finally grant farmworkers 
and domestics the federal labor protections other workers have had 
for 74 years.

In 1935, racially discriminatory laws prevailed in much of the United 
States. In drafting the NLRA, Congress deferred to such laws by 
excluding two categories of predominately non-white workers ­ 
"agricultural laborers" and "domestics" ­ from labor protections. 
Despite the progress in racial attitudes that paved the way for 
Obama's election, this primarily race-based labor exclusion has remained.

Jerry Cohen, who was UFW General Counsel from 1967-1981, is among 
those who think it is time for the NLRA to protect farmworkers. On 
March 8, Cohen sent a letter to Labor Secretary Hilda Solis, in which 
he cited the parallel between the United States in 1935 and South 
Africa. Cohen observed that the foundation of apartheid was 
solidified in 1924 when an alliance of white workers and Afrikaner 
nationalists formed a Nationalist Labor Pact government. That same 
year the Industrial Conciliation Act was passed, setting up the legal 
machinery for collective bargaining. "Blacks" were specifically 
excluded from the definition of "employees" who were to receive the 
protections of the Act.

As Cohen writes, "Now while Congress was not so blunt as to deal out 
'blacks' and 'browns' specifically in their New Deal labor 
legislation, most farm workers and domestics are in fact black or 
brown. For 73 years our sleight of hand has been more subtle but no 
less damaging because race, powerlessness and economic injustice are 
inextricably intertwined."

The New Deal's failure to protect farmworkers sanctioned their 
continued exploitation by large growers. Whereas industrial workers 
steadily unionized after passage of the NLRA, farmworker organizing 
efforts failed, as growers could legally fire workers expressing 
interest in unions. This is the legal minefield Cesar Chavez faced in 
1962 when he embarked on his historic campaign.

Despite this legacy of failure, and equipped only with the community 
organizing skills he had learned from this mentor, Fred Ross Sr., 
Cesar Chavez galvanized nationwide support for the farmworker cause. 
Through marches, fasts, consumer boycotts, and alliances with people 
of faith, and by utilizing the skills of women, Latinos, and young 
activists otherwise denied labor organizing jobs, the UFW became a 
powerful national movement. The UFW won contracts with California's 
most powerful growers, and passage of the California Agricultural 
Labor Relations Act of 1975.

But Chavez and the UFW had always set their sights beyond California. 
In the early 1970's, the UFW mobilized to defeat anti-farmworker 
bills in Florida and Oregon. Chavez also inspired the creation of the 
Farm Labor Organizing Committee (FLOC), which successfully organized 
farmworkers in Ohio and the Midwest.

After Arizona's governor signed an anti-farmworker measure in 1972, 
the UFW initiated a recall campaign against him. As UFW activists 
registered voters and obtained signatures on recall petitions, Chavez 
began a public fast to highlight the state's unfairness to 
farmworkers. When local supporters told Chavez that the recall effort 
could not succeed, Dolores Huerta insisted "Si Se Puede" (it can be 
done), and Chavez announced that this would become the UFW rallying 
cry. Although the recall was struck down on questionable legal 
grounds, the UFW showed its potency outside California by registering 
so many new voters that Arizona elected its first Latino Governor in 1974.

But the UFW was not able to extend the legal protections won in 
California to all of the nation's farmworkers. As we approach the 
50th anniversary of the launching of Chavez's historic drive, and the 
100th anniversary of the birth of Fred Ross, Sr., the race-based 
exclusion of farmworkers and domestics written into the 1935 NLRA 
remains intact.

It's time to rectify this injustice. That's why Cohen and Leroy 
Chatfield, joined by Fred Ross Jr and other UFW alums, are launching 
the national Labor Justice campaign.

If you wish to be added to the list of supporters for Labor Justice, 
email: [email protected] and give your name, title or 
occupation, and city and state. The campaign will respond.

President Obama harnessed the "Yes We Can " spirit in winning the 
presidency. He can now honor Cesar Chavez's legacy by finally giving 
those who work in the fields federal labor protections at least equal 
to those afforded other workers.
--

Randy Shaw is the Editor of Beyond Chron and the author of the new 
book, Beyond the Fields: Cesar Chavez, the UFW and the Struggle for 
Justice in the 21st Century (University of California Press)

.


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