June 28, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) Earlier today, the U.S. Supreme Court issued a landmark ruling that in the case of Loper Bright Enterprises v. Raimondo that overturns the Court’s Chevron doctrine. The National Council of Agricultural Employers (NCAE) celebrates this ruling which curtails the executive branch’s ability to subject the agricultural community to excessive, unjust government regulations.

“For the past 40 years,” stated Michael Marsh, President and CEO of NCAE, “America’s farmers and ranchers have endured federal agencies run amok. America’s agricultural employers operate every day within a dizzying web of government regulations. The H-2A temporary agricultural worker program, specifically, is one of the most heavily regulated areas of the American economy, with an ever-changing set of rules and agency interpretations, including three new regulations in the past two years, spanning everything from wages to seatbelts to what food to serve to employees. But today, the U.S. Supreme Court has restored balance to our Constitutional system and given courts back the role that the Framers intended them to have, what Alexander Hamilton called the “steady, upright and impartial administration of the laws,” independent from the political process.”

“Despite witnessing the negative impact Chevron inflicted on many industries, including agriculture,” explained Marsh, “Congress has not spoken on this subject for the past 40 years, and the courts have given federal agencies nearly limitless power to issue regulations and interpretations under the Chevron doctrine, ruling against employers’ challenges to the regulations imposed on them again and again. This broad ‘deference’ to agencies left agricultural employers caught in the middle while the political pendulum swings back and forth, with a series of Labor Secretaries enacting their own agendas.”

“The Court’s decision in Loper Bright Enterprises and Relentless has finally put an end to the ‘stacked deck’ of Chevron deference because, as Chief Justice Roberts wrote, ‘agencies have no special competence in resolving statutory ambiguities,” stated Marsh. “Courts do.”

“For the past 60 years, NCAE has advocated for the agricultural employer community including, when necessary, supporting lawsuits to challenge agency regulations. We hope that, based on the Court’s decision today, we will be able to make those challenges on a level playing field and show courts why the rules were illegal without the courts being required to defer to the agencies’ arguments under the now-dead Chevron standard.”

“This is a great result and a great day for agriculture.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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June 12, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The National Council of Agricultural Employers (NCAE) announced today the filing of a brief of amicus curiae in support of Wonderful Nurseries’ (Wonderful) fight against California’s unjust and unsafe “card check” law.

“California’s card check law,” explained Michael Marsh, President and CEO of NCAE, “which eliminates secret ballot union elections, gives private labor unions an unprecedented ability to impose bargaining and contractual obligations on an employer without even verifying whether the actual farmworkers support the union. The removal of this most basic democratic practice and protection for farmworkers does not merely open the door wide for potential misuse, abuse and coercion by private labor unions–it takes the door off the hinges.”

Earlier in the year, and only months after Governor Newsom signed California’s card check bill into law, NCAE learned of allegations of coercion by the United Farm Workers (UFW) of vulnerable workers and potential misuse of the U.S. Department of Agriculture’s (USDA) Farm and Food Worker Relief (FFWR) Grant Program.

“Distressingly,” noted Marsh, “such an outcome was completely foreseeable. Last May, NCAE learned of and wrote to warn USDA Secretary Vilsack of reported allegations that agents of the UFW Foundation were informing farmworkers in New York, which passed the card check law that inspired California, they must first sign a UFW union authorization card to obtain their $600 FFWR payment.  Such an assertion would be dishonest.  NCAE asked the Secretary to investigate the allegations to ensure that no wrongdoing was occurring.  We have not yet been informed whether the USDA’s law enforcement arms, the Office of Inspector General or the U.S. Department of Justice, has initiated an investigation into the farmworker’s allegations.  Maybe there’s no there, there, but an investigation would certainly answer a lot of questions.”

In the Court filing, NCAE explains that the card check law is bad policy, unconstitutional in the private sector, and damaging to the constitutional rights of farmworkers as well as employers. You can view a copy of NCAE’s filing here.

“NCAE supports Wonderful’s fight against this perplexing card check law,” stated Marsh. “America’s farmers and ranchers are already struggling to keep operations running under the worst agricultural economy in generations without themselves and their workers being harassed by private labor unions.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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June 11, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The Southeastern Legal Foundation (SLF) announced its representation of a coalition of agricultural employers and States in their fight against the Department of Labor’s (Department) disturbing new regulation that will force agricultural employers to allow potentially malign actors access to their business. The National Council of Agricultural Employers (NCAE) applauds this critical step necessary to protect the rights of America’s farmers and ranchers.

“This offensive regulation,” explained Michael Marsh, President and CEO of NCAE, “was developed in utter bad faith and in conflict with Congress and the Constitution of the United States. This regulation never should have been allowed to see the light of day, let alone be published as a Rule. NCAE commends the SLF’s efforts to stop this regulation from inflicting lasting and devastating harm on America’s farmers and ranchers.”

During the New Deal, Congress gave some employees the right to form labor unions through the National Labor Relations Act (NLRA). The NLRA explicitly excluded farm workers from the right to form unions and has continued to do so for nearly 90 years. This has prevented extortive labor strikes that would cripple farms and ranches and jeopardize national security.  Further, Congress instructed the National Labor Relations Board (NLRB) to use the expansive definition of “agriculture” provided by the Fair Labor Standards Act (FLSA) in determining whether workers fall under the category of agricultural laborers.

Now, in direct conflict with Congress’ exclusion, the Department has taken it upon itself to create that right.

“Rather than abiding by the laws passed by Congress or petitioning Congress to legislate the changes only it can make,” commented Marsh, “the Department decided to flout the Separation of Powers inherent to our American way of governance. The Department should know this is something they cannot do.”

“As a result of the Department’s overreach, agricultural employers are suffocating under a 3,000-page mountain of regulatory text that the Department and other regulatory agencies involved in agricultural labor have piled on America’s farmers and ranchers in the last few months,” said Marsh. “This troubling trend of regulatory overreach must reverse if the American public wishes to enjoy food produced by American farmers and ranchers on American soil. We are hopeful SLF’s efforts will be a strong step towards turning that tide so America’s farmers and ranchers can get back to doing what they do best: feeding America and the world.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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