Judge Blocks Rule Allowing H-2A Workers to Unionize in 17 States

The decision was made by U.S. District Judge Lisa Godbey Wood, who found the rule unconstitutional because it conflicted with the National Labor Relations Act (NLRA) by granting collective bargaining rights to farmworkers.

Farm workers plant Novavine drought-resistant grapevines in Woodland
An aerial view of farm workers planting Novavine drought-resistant grapevines at a farm in Woodland, California, U.S. April 25, 2022. Picture taken with a drone.
(REUTERS/Fred Greaves)

A ruling by a federal judge has blocked the enforcement of a U.S. Dept. of Labor (DOL) rule designed to protect H-2A farmworkers from retaliation related to union organizing in 17 states.

The decision was made by U.S. District Judge Lisa Godbey Wood, who found the rule unconstitutional because it conflicted with the National Labor Relations Act (NLRA) by granting collective bargaining rights to farmworkers, a right that Congress has not legislated for under the H-2A program.

The blocked rule was part of a broader effort by the DOL to enhance protections for farmworkers under the H-2A visa program. This program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs. The rule aimed to prevent employers from retaliating against workers who engage in activities related to self-organization or other concerted activities concerning wages or working conditions.

Judge Wood’s ruling specifically restricts the enforcement of this rule in the states that were part of the lawsuit, which include Florida, Georgia, South Carolina, Louisiana, Arkansas, Kansas, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia. The judge argued that the DOL overstepped its authority by creating rights not granted by Congress, effectively acting beyond its constitutional powers.

Bottom line:
The ruling affects agricultural employers’ compliance costs by potentially reducing the immediate financial and administrative burdens associated with the blocked provisions. While the ruling alleviates some immediate compliance burdens, agricultural employers must still navigate the complexities of the H-2A program.

AgWeb-Logo crop
Related Stories
On September 11, 2001, Dan Baginski should have been at his desk on the 78th floor of the World Trade Center’s South Tower. Instead, he was 3,000 miles away — milking cows at the Washington State Fair.
Olivia Lulich has a big night ahead of her. She will represent her home state as Miss Wisconsin USA in the national pageant.
“Dolly was a farmer just like her daddy. He farmed the soil, she farmed songs and happiness.”
Read Next
Planting soybeans months before wheat harvest sounds risky. But farmers Brian Tanner and Jason Mauck find it dries wet fields faster, cuts input costs and gives wheat a profitable place back in Corn Belt rotations.
Get News Daily
Get Market Alerts
Get News & Markets App