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New York state farm workers are excited. A vital ruling just put them steps closer to getting the UFW contract they voted for. This past Monday, the New York Public Employee Relations Board (PERB) ruled in 5 separate cases where NY growers challenged the UFW’s certification as the official union bargaining representative for the workers at these farms. UFW certifications were upheld at Cherry Lawn Fruit Farms LLC, Porpiglia Farms Inc., A & J Kirby Farms LLC, Lynn-Ette & Sons Inc., and Wafler Farms Inc.
Some of the charges in the various cases included:
- Growers objecting to H-2A workers being included in a bargaining unit.
– In multiple rulings, the NY agency ruled that the legal definition of “employee” under NY’s Farm Laborer Fair Labor Practices Act includes H-2A workers. - Growers saying that federal law prevents them from negotiations covering H-2A workers
– In multiple rulings, the NY agency ruled that federal and New York law allow for employers and unions to negotiate over working conditions. - Growers saying that seasonal workers can’t be part of a union.
– The rulings made it clear that employees include the seasonal workers who were employed as of the payroll period preceding when the cards for the card check election are submitted and have the right to vote and be part of a union.
“We are heartened by this decision, which reaffirms farm workers’ right to a union in the State of New York,” saidUFW Secretary-Treasurer Armando Elenes. “It is unfortunate that these growers have repeatedly attempted to avoid their legal responsibility to negotiate a union contract with their workers, first by attempting to overturn New York’s agricultural labor law, and now by contesting the certifications themselves. We hope this latest ruling will clear the way to the swift negotiation of fair union contracts.”
As our requests for mandatory arbitration at four of these five companies were put on hold pending these decisions, the arbitrations should now be allowed to go forward. And the workers are finally on their way to getting their contracts and the union protections they voted for.
Si Se Puede!