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UFW, Krugin talks over physical exams
Tuesday, February 28, 2006
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Farmworkers are at odds with Charles Krug Winery over the St. Helena winery's proposal to require physical tests of all fieldworkers.

Last weekend, workers picketed outside the winery entrance on Highway 29. A planned protest on Sunday was cancelled as the sides continue to negotiate. The workers are represented by the United Farm Workers of America in negotiations with the winery.
Thomas Fossey, chief financial officer for Charles Krug, said the old contract -- which expired on December 31-- allowed for physical testing of prospective employees only, but that the winery wants all fieldworkers to undergo physical exams.

"Basically our contention is that our workers' demands are high," Fossey said. "Our contention is that it's not fair to put a worker in a position to be hurt. The other thing is that the contract currently has the company do it with prospective employees; it should be for all employees."
A UFW spokesman said the proposal might lead to unfair treatment of older employees.

"It's discrimination because of the age of most of the workers," said Casimiro Alvarez, UFW regional director of the Napa-Sonoma area. "Most of them are 50, 60-years old. The workers are ready to do anything to pressure the company to sign a fair contract."
Last week, several workers marched up and down Highway 29 in front of the winery holding signs that read "Farmworkers Say Charles Krug Unfair!" and "We Want a Just Contract." Workers had planned to protest in front of thewinery Sunday, but held off at the request of Fossey, according to Robert Garcia, UFW contract administrator for Napa.

"We want to show the company that we are reasonable and are willing to work," Garcia said. "But we also expect them to return the favor."

Alvarez said that he agrees that giving employees physical tests is a good idea and will probably keep workers safe. At the same time he said he doesn't want the winery to use the tests as a tool to get rid of workers, many of whom have been with the winery for more than 20 years.

"The company wants to have the right to do what they want with the worker, make them hit the road," Alvarez said. "We know the testing is good, but the workers know the risks in the field. The workers know not to use brute force to lift things."

Fossey said whether a person has worked at Krug for two years or 30 years, time on the job isn't a justification for putting workers in situations where they can be hurt.

"The only comment that they (UFW) had is that workers' comp (insurance) is your problem and it's not our problem," he said, adding that high workers’ compensation rates in California is one of the reasons they decided to add the stipulation to the latest contract.

The physical capacity tests are done at St. Helena Hospital and are designed to determine if the worker can do the job, Fossey said. Union contracts are not common in the valley. Aside from Charles Krug Winery, UFW has union contracts with only two other Napa County wineries, including Saintsbury Vineyard in Napa's Carneros region and St. Helena-based Vista Vineyard Management, according to Garcia.

UFW also has represented workers for E. & J. Gallo, which recently acquired Louis M. Martini winery in St. Helena.

The UFW signed a contract with Krug in 1999, giving workers pay increases; medical benefits; a pension plan; seven paid holidays a year; and various job protections, according to the UFW's web site.

Union and winery representatives are expected to resume contract negotiations this week.

"Sometimes we get the image painted that we are adverserial," Garcia said. "We've shown that's not what it's about. In the end it's really trying to come out with an agreement that's in the benefit of both parties. They requested for us not to protest, we spoke again with the farmers and they understood it. We'll give them a week, but ... they have to show something. It's in their hands."
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