The U.S. Department of Labor has finalized a rule titled "Improving Protections for Workers in Temporary Agricultural Employment in the United States," set to take effect on June 28. The rule, applicable to H-2A temporary agricultural workers, mandates that any H-2A applications submitted prior to August 28 will adhere to existing regulations. It is designed to safeguard the rights of workers to self-organize and to opt out of employer-organized meetings aimed at dissuading union membership.
Acting Labor Secretary Julie Su emphasized that the rule aims to ensure fair treatment, safety, and a voice for H-2A farmworkers in their workplaces, alongside promoting employer accountability to maintain labor standards. However, the rule has faced criticism from agricultural employer groups. Michael Marsh, president of the National Council of Agricultural Employers (NCAE), argued that the rule contradicts a U.S. Supreme Court decision and the National Labor Relations Act of 1935 by asserting that unionization efforts are not preempted by congressional laws.
The U.S. Farm Bureau Federation highlighted concerns over the rule's extensive compliance demands and potential privacy invasions. They argue that the rule presumes guilt among farmers, overshadowing efforts to protect worker safety. The NCAE added that a small fraction of agricultural employers are responsible for the majority of violations, suggesting a more targeted approach might be more effective. AmericanHort expressed similar concerns, stating the rule contradicts congressional intent regarding agricultural worker protections under the NLRA.
Source: produceprocessing.net