Winegrape Growers of America – April 9, 2022 National Council of Agricultural Employers News Brief

April 11, 2022

“With courage, you will dare to take risks, have the strength to be compassionate, and the wisdom to be humble. Courage is the foundation of integrity.” — Mark Twain

NCAE News, Legal/Technical, & Other Employer Issues:

Handing summary judgment to the nation’s largest farmworkers union Monday, a federal judge ruled a federal wage freeze for migrant farm laborers instituted by the Trump administration was unlawful.

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A woman in Florida pleaded guilty today to a federal racketeering conspiracy that victimized Mexican agricultural workers admitted into the United States under the H-2A temporary visa program.

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On Wednesday, April 6, 2022, a woman in Florida pleaded guilty to a federal racketeering conspiracy that victimized Mexican agricultural workers admitted into the United States under the H-2A temporary visa program.

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Regulatory Actions:

The U.S. Department of Agriculture’s National Agricultural Statistics Service (NASS) will conduct its biannual Agricultural Labor Survey during in April. The survey will collect information about hired labor from more than 300 Louisiana farmers and ranchers.

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Last fall, advocates for Colorado farm and ranch workers urged the state to adopt strong overtime protections for the agricultural sector.

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Legislative Actions:

California agricultural employers are in for a turbulent season as labor advocates and the farmworkers union are once again pushing to institute the infamous “card check” organizing system – which would make it far easier for workers to organize into unions – across the state.

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H-2 and Other Worker Status Issues:

The use of temporary agriculture workers from Mexico and elsewhere has increased greatly over the past 10-15 years in the Yakima Valley and state of Washington, and that trend is expected to continue in 2022.

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“One of the things that’s happening at the border, as you probably know, we’ve had a very hard time with the department of labor allowing H-2A workers who have visas, legal entry, to come into the country working through the Department of Homeland Security to be able to come in, go to work, and get vaccinated through the responsibility of their employer.”

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Two American Congresswomen on Thursday introduced a bill in the House of Representatives aimed at granting an automatic right to H-4 visa holders to work in the US.

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Immigration Reform:

A bipartisan group of senators want to start formally convening meetings to try to restart immigration reform efforts after the Senate returns to Washington, D.C., from an April break.

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NCAE This Week:

The House and Senate were in session this week.   The big news in the Senate was confirming the nomination of Ketanji Brown Jackson as Associate Justice of the Supreme Court.  She will join the Court when it starts its next term the first Monday in October 2022.  She will replace retiring Associate Justice Stephen Breyer for whom Judge Jackson had previously clerked.   Yesterday, the Agriculture Workforce Coalition met in its weekly session discussing opportunities to advance ag labor reform in this Congress.  Almost as if they were listening to our conversation, last night The Hill reported that Senate Judiciary Committee Chairman Dick Durbin (D-IL) fresh out of the confirmation hearings for Judge Jackson, reported that a bipartisan group of Senators had agreed to meet to discuss moving immigration reform out of this Congress after they return from the Easter recess.  Chairman Durbin expressed optimism that the bipartisan group could advance a measure securing 60 votes in the upper Chamber.    The Senate goes into recess this afternoon.   DOL’s OSHA has announced a stakeholder meeting to discuss initiatives to protect workers from heat related hazards.  NCAE has registered to participate and requested an opportunity to speak on behalf of agricultural employers. The Federal Register Notice and registration information regarding the meeting can be found here:

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Have a great weekend!   Michael

News articles and citations of interest for week ending 2022/04/08

Eight days after more than seventy tulip and daffodil farm workers in Mount Vernon, Washington, went on strike on March 22, their employer, the Washington Bulb Company, and its retail division RoozenGaarde, have agreed to offer higher wages and safer working conditions.

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The Washington tree fruit industry partnered with the Washington State Department of Agriculture and Washington State University to develop an educational pathway to build a stronger workforce for the future of agriculture.

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Days after workers voted to unionize at an Amazon warehouse in New York City, new federal data show more people want votes on the formation of unions at their own workplaces.

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