Judge blocks federal rule allowing H-2A workers to unionize

The National Council of Agricultural Employers said the injunction was a victory for U.S. farmers and ranchers.

U.S. district judge Lisa Wood issued a 17-state injunction on Monday against a Labor Department regulation that would allow farmworkers in the United States on H-2A visas to unionize. The National Council of Agricultural Employers said the injunction was a victory for U.S. farmers and ranchers.

The Biden administration overstepped its authority by saying that H-2A guestworkers could engage in self-organization and invite outsiders, including legal service providers and labor organizations, to meetings in their employer-furnished housing, said Wood. “Administrative agencies, including the DOL, cannot create law and the DOL cannot create rights that Congress has not.”

The Labor Department rule was scheduled to take effect on Thursday. Wood’s injunction applies to the 17 states that filed suit against it; Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia.

When it issued the rule in April, the Labor Department said it would prevent abuse of H-2A workers. “This rule ensures farmworkers employed through the H-2A program are treated fairly, have a voice in their workplace and are able to perform their work safely. It also promotes employer accountability, benefitting all farmworkers by upholding labor standards,” said acting Labor Secretary Julie Su.

Source: Successful Farming