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Judge grants Wonderful's request to halt UFW effort to unionize company's workers

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Judge grants Wonderful's request to halt UFW effort to unionize company's workers

After more than a month of deliberation, a Kern County Superior Court judge has sided with Wonderful Co. and issued a preliminary injunction that will temporarily halt a contentious bargaining process between the agricultural giant and the state’s largest farmworker union.

In a ruling issued Thursday, Judge Bernard C. Barmann said Wonderful “was likely to prevail” in its legal challenge to the state’s relatively new system for organizing farmworkers and faced irreparable harm if the United Farm Workers union is allowed to pursue a bargaining agreement on behalf of the company’s nursery workers before the case is decided.

“The court finds that the public interest weighs in favor of preliminary injunctive relief given the constitutional rights at stake in this matter,” Barmann wrote in the 21-page decision. Wonderful “has met its burden that a preliminary injunction should issue until the matter may be heard fully on the merits.”

Wonderful, the $6-billion agricultural powerhouse owned by Stewart and Lynda Resnick, sued the state Agricultural Labor Relations Board in May, challenging the constitutionality of the state’s so-called card-check system, which Gov. Gavin Newsom signed into law in 2022. Under its provisions, a union can organize farmworkers by inviting them to sign authorization cards at off-site meetings, without notifying an employer, rather than voting by secret ballot at a designated polling place.

Union organizers had pressed for the revised card-check law, contending the secret ballot process left workers fearful of retaliation from their employer.

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But Wonderful, whose portfolio includes such well-known brands as FIJI Water and POM Wonderful, alleges in its lawsuit that the law deprives employers of due process on multiple fronts. Among them: forcing a company to enter a collective bargaining agreement even if it has formally appealed the ALRB’s certification of a union vote and presented what it believes is evidence that the voting process was fraudulent.

The temporary injunction marks the latest twist in a tumultuous dispute over the UFW’s unionization campaign at Wonderful Nurseries in Wasco, the nation’s largest grapevine nursery.

In late February, the UFW filed a petition with the labor relations board, asserting that a majority of the 600-plus farmworkers at the nursery had signed authorization cards and asking that the UFW be certified as their union representative.

Within days, Wonderful accused the UFW of having baited farmworkers into signing the authorization cards under the guise of helping them apply for $600 in federal relief for farmworkers who labored during the pandemic. And the company submitted nearly 150 signed declarations from nursery workers saying they had not understood that by signing the cards they were voting to unionize.

The UFW countered that Wonderful had intimidated workers into making false statements and had brought in a labor consultant with a reputation as a union buster to manipulate their emotions in the weeks that followed.

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The ALRB acknowledged receiving the worker declarations from Wonderful; nonetheless, the regional director of the labor board moved forward three days later to certify the union’s petition. She has said in subsequent hearings that she felt she had to move quickly under the timeline laid out in the card-check law, and that at the time she did not think the statute authorized her to investigate allegations of misconduct.

Wonderful appealed the ALRB’s certification.

Under the provisions of the card-check law, the UFW’s efforts to bargain with the company on behalf of its nursery workers moved forward, even as Wonderful’s appeal of the certification was working its way through the ALRB’s administrative hearing process. The ALRB issued a ruling last week ordering Wonderful to enter into a mandatory mediation process with the union to establish a collective bargaining agreement.

In its lawsuit, filed in May, Wonderful challenges the constitutionality of the card-check system on multiple fronts. The lawsuit alleges that the company’s due process rights were violated when the labor board moved to certify the UFW’s petition before investigating the company’s allegations that the vote was fraudulent; and more broadly that the card-check system does not have adequate safeguards in place to ensure the veracity of the voting process.

The company asked the judge to halt the unionization effort at its nursery, as well as the ALRB’s administrative hearing process regarding the company’s appeal, while the lawsuit moved forward in Kern County court.

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In a statement released Thursday evening, Rob Yraceburu, president of Wonderful Nurseries, said the company was “gratified” by the court’s decision to pause the certification process until the constitutionality of the card check law can be “fully and properly considered.”

“In addition,” Yraceburu said, “farmworkers had been wrongly barred from objecting to a union being forced on them, and this ruling states that Wonderful indeed has the standing to fight to ensure those constitutional rights of farmworkers, including their due process and First Amendment rights, are not violated.”

UFW spokesperson Elizabeth Strater countered that the ruling “ignores 89 years of labor law precedent” and indicated the decision to grant the preliminary injunction would be appealed.

“There is already a process to address wrongdoing in elections and Wonderful was in the middle of that process. Why does Wonderful want to halt that process and silence workers so their voices are not heard?” Strater said. “It’s very clear Wonderful is determined to use its considerable resources to deny farmworkers their rights.”

In a May 30 filing, the state had urged the court to deny Wonderful’s request for an injunction. California Atty. Gen. Rob Bonta, arguing on behalf of the ALRB, said Wonderful had failed to demonstrate that the card-check law was causing “irreparable harm or any likelihood of deprivation of its rights.” Bonta also argued that the Superior Court lacked jurisdiction in the case.

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Santiago Avila-Gomez, executive secretary with the ALRB, said Thursday evening the agency is “reviewing the ruling carefully and won’t have further comment at this time.”

The UFW, meanwhile, is pursuing its own legal action against Wonderful. The union has filed a formal complaint of unfair labor practices with the ALRB, accusing Wonderful of coercing workers into attending “captive audience” meetings to urge employees to reject UFW representation. ALRB General Counsel Julia Montgomery issued a complaint in April, similar to an indictment, alleging Wonderful committed unfair labor practices by unlawfully assisting them in drafting declarations to revoke their authorization cards.

The company has largely denied the allegations.

This article is part of The Times’ equity reporting initiative, funded by the James Irvine Foundation, exploring the challenges facing low-income workers and the efforts being made to address California’s economic divide.

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Sony Pictures invests $100 million in virtual reality venue Cosm

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Sony Pictures invests 0 million in virtual reality venue Cosm

Sony Pictures will invest $100 million and take a minority stake in virtual reality venue operator Cosm, as the studio continues to build a business in communal experiences.

As part of the investment, Sony Pictures Chief Executive Ravi Ahuja will also join Cosm’s board of directors, the studio said Wednesday. The size of Sony’s minority stake was not disclosed.

The El Segundo-based Cosm currently operates three venues — one at Hollywood Park in Inglewood, and the others in Dallas and Atlanta. The company plans to open additional venues in Detroit and Cleveland.

Cosm bills itself as a “shared reality venue,” and its facilities center around a massive, wraparound screen that is intended to envelop viewers with additional digital effects. The company has largely focused on sports, though it has also shown Cirque du Soleil shows and done several collaborations with Warner Bros., including recent screenings of 2001’s “Harry Potter and the Sorcerer’s Stone” in honor of the film’s 25th anniversary.

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“Cosm sits at the intersection of several trends shaping the future of entertainment,” Ahuja said in a statement. “We’ve followed Cosm since before launch and have been impressed with the quality of the experience and the enthusiasm it’s generating with audiences.”

The investment is Sony’s latest venture into experiential entertainment. In 2024, the Culver City-based studio acquired dine-in theater chain Alamo Drafthouse Cinema.

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Los Angeles tries again to phase out urban oil production

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Los Angeles tries again to phase out urban oil production

The Los Angeles City Council on Tuesday unanimously advanced an ordinance to halt new oil and gas drilling and phase out all existing production over the next 20 years. L.A. is home to more than 2,000 active oil wells.

The measure revives a similar ban passed in 2022, which was struck down by a judge following legal challenges from the oil and gas industry.

It must pass a second vote before final adoption later this summer, and would make L.A. the largest city in the United States to phase out existing oil wells.

“Today, Los Angeles is making a decision that aligns with our need to turn the page on urban oil drilling,” Councilmember Katy Yaroslavsky said during Tuesday’s council meeting. “The absence of an enforceable oil ordinance has had real consequences for our communities.”

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The ban in 2022 was seen as a historic move for a region built on the petroleum industry.

But in 2024, a Los Angeles County Superior Court judge invalidated the law, ruling that the state, not the city, has jurisdiction over petroleum production. The legal challenge was brought by oil companies including Warren Resources, which operates a large oil field in Wilmington. Much of the field is beneath the city of Long Beach, but it also extends under Los Angeles.

Shortly after that, state legislators advanced Assembly Bill 3233, which reaffirmed city and county authority to regulate oil and gas activity. It was largely seen as the missing piece that made the original ordinance vulnerable.

“It’s now unequivocal that cities have the authority to regulate, limit and prohibit oil and gas operations within our jurisdiction,” Yaroslavsky said.

The new ordinance, written by the Department of City Planning, prohibits new oil and gas extraction, including drilling, redrilling or deepening existing oil wells for the purposes of production. It also designates all existing and active idle wells as “nonconforming uses,” meaning they may only operate during the phaseout period and are no longer compliant with current zoning.

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Warren Resources, which led the lawsuit against the previous ban, did not immediately respond to a request for comment. The company previously argued that the 2022 ban was rushed and would lead to more oil imports to the area, causing increased emissions from tankers and trucks and other environmental consequences.

Many wells in the city operate near schools, homes and parks. Most are concentrated in low-income areas and communities of color, such as Wilmington and the harbor district, West L.A. and South L.A., where residents have long reported respiratory issues, headaches, throat irritation and other health problems. Studies have found oil wells can emit carcinogens and are linked to adverse health effects.

“This ordinance is such an important step toward giving every frontline community in Los Angeles access to clean air,” Silvia Esparza, a South L.A. resident and member of environmental justice group Stand-L.A., said in a news conference ahead of Tuesday’s vote.

Ashley Hernandez, a Wilmington resident and organizer with the nonprofit Communities for a Better Environment, said bloody noses and noxious fumes were a regular part of life in the neighborhood growing up.

She noted that in addition to oil drilling, L.A. residents continue to face other environmental hazards, such as the recent oil pipeline rupture that sent crude into the L.A. River or the ongoing cold storage warehouse fire in Boyle Heights that is spewing toxic smoke.

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“I’m here to remind L.A. city and these toxic neighbors that Wilmington residents are more important than any ‘black gold’ under their homes,” Hernandez said. “We need our city to protect our families now and to stop the oil industry’s reign of power in our city. A passage of the oil phaseout ordinance today gives the city a chance to correct this wrong.”

Times staff writer Dakota Smith contributed to this report.

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SpaceX stock returns to Earth after record IPO

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SpaceX stock returns to Earth after record IPO

Shares in Elon Musk’s rocket company SpaceX halted their three-day slide that had erased roughly $600 billion off its market value.

SpaceX shares closed at $156.11 with a nearly 1% gain on Tuesday, a slight recovery from a 16% fall on Monday.

That loss dropped the stock below $160.95, where it ended the day June 12 after a 19% surge during its record initial public offering. The IPO gave it a market cap of $2.2 trillion, making SpaceX one of the world’s most valuable public companies.

It also turned Musk into the world’s first trillionaire, a status he retains despite the sell-off.

The downturn probably reflects investor unease over the company’s spending plans and potential debt load, analysts say.

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SpaceX raised a total of $86 billion after underwriters exercised their right to sell additional shares, on top of the $75 billion initially raised. It was the largest IPO in history.

A little more than half a billion shares were distributed to institutional and retail investors at a price of $135, with the stock opening at $150 as some holders immediately flipped shares for a profit.

Shares rose as high as $176.52 during the IPO before settling at the $160.95 price. In the weeks since, shares reached a high of $225.64, meaning that some investors lost money or are underwater with paper losses.

Since the IPO, SpaceX has dropped some big bucks.

It announced last week that it was acquiring AI coding startup Cursor for $60 billion in a deal expected to close in the third quarter. The San Francisco company, founded in 2022, enables engineers to instruct software in English to run coding tasks autonomously.

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It also sold $25 billion in bonds on Tuesday , unusual for a company that just went public, much less for one that just raised a record sum.

The IPO surpassed the 2019 offering by Saudi Aramco, Saudi Arabia’s state-owned oil giant, which raised $29.4 billion, the prior record holder.

S&P Global issued a report last week that assigned SpaceX a “BBB” credit rating, the lowest possible rating to qualify as an investment grade credit risk. It noted the company will have “elevated capital expenditure” through 2029.

SpaceX rivals OpenAi and Anthropic filed this month for initial public offerings that, while not expected to be as large as Musk’s company, will be large in their own right.

Wedbush analyst Dan Ives, who has been bullish on SpaceX stock, said the market is digesting “massive debt and equity raises from Big Tech players” in the coming years.

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“This is part of an industry wave of debt offerings on Wall Street, like Alphabet and SpaceX among others,” he wrote in an email.

With the stock already giving up gains since the IPO, it will be further tested when tranches of locked-up shares held by current and former employees are released.

At least 20% of the shares will be released after second-quarter results are disclosed sometime in the coming months, with all the lockups expiring in December.

SpaceX, based in Texas, is the leading launch services company in the world, with its Falcon 9 rocket accounting last year for the vast majority of satellites sent into space.

It is also the leading satellite-based broadband provider with its Starlink service. But the extraordinary interest in the IPO was driven by Musk’s plans to make the company an AI leader — including plans to launch orbiting satellite data centers powered by the sun that crunch AI data.

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He merged his xAI artificial intelligence company into SpaceX this year, with the combined entity recently announcing it was leasing computer power to rivals Anthropic and Google at two terrestrial data centers it has constructed.

Musk moved the company’s headquarters from Hawthorne to Texas in 2024, but it retains large operations in the South Bay city and blasts off regularly from Vandenberg Space Force Base in Santa Barbara County.

Investment research firm Morningstar placed a $780-billion valuation on SpaceX, focusing on its core rocket and Starlink broadband satellite businesses. It suggested investors wait a few months for the stock to settle before buying in.

“I think the day-to-day stock price movements are usually based on market sentiment,” said report co-author Nicolas Owens, an equity analyst at Morningstar. “So I was not surprised when it went way up right after the IPO — and I’m not surprised it [came down]. Not much has really changed in the fundamentals.”

Mike Alves, founder of Pasadena’s Vida Vision Fund, has a stake in SpaceX that accounts for 46% of his AI and robotics fund.

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He said he was not perturbed by the stock drop, noting that Facebook fell under $18 a share just months after its May 2012 IPO closed at $38 a share. It has since risen more than 1,000% above its offering price.

“The volatility doesn’t really matter because you’re going to multiply your best investment many times, so I’m not so worried about it,” he said, adding that investors seeking shares could now “scoop them up at a good deal.”

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