August 27, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) Earlier today, the National Council of Agricultural Employers (NCAE) filed a Freedom of Information Act (FOIA) request with the U.S. Department of Agriculture (USDA) to better understand farmworkers’ allegations of coercion by the United Farm Workers (UFW) related to the disbursement of federal grant funds. 

“NCAE is calling upon USDA to produce information regarding USDA’s relationship with UFW Foundation and their “contact persons”, the UFW team, related to the Farm and Food Worker Relief (FFWR) grant program,” explained Michael Marsh, President and CEO of NCAE. “Farmworkers’ allegations have surfaced across the country and NCAE wants to understand what USDA has done to protect farmworkers and guard against misuse of taxpayer dollars.”

In March 2023, USDA initiated the FFWR grant program which provided one tribal entity and 14 non-profit organizations—including the UFW Foundation—roughly $670 million to issue relief payments of $600 to farmworkers to help defray expenses they incurred preparing for, preventing exposure to, and responding to the COVID-19 pandemic. 

Within the first two months of the program’s initiation, NCAE was informed that farmworkers in New York had alleged that UFW Foundation agents apparently misinformed them that signing a UFW “card check” union authorization card was a requirement to obtain the grant funds.  If workers were coerced or “tricked” into signing union cards to receive the one-time $600 grant payment and the unionization effort was successful, the workers alleged they were now required pay the union a portion of their wages in dues.  

NCAE immediately shared the farmworkers’ concerns with Secretary Vilsack and encouraged USDA to investigate the alarming reports.

NCAE likewise expressed the concern to USDA that New York farmworkers were specifically targeted because the New York legislature had recently passed a “card check” law that abandoned farmworker protections inherent in a secret ballot union election. Under the law, a union becomes the authorized bargaining representative with more than 50% of the workforce signing a union authorization card. 

USDA replied to NCAE’s request for an investigation into the allegations, that USDA would conduct additional training and oversight such as program audits.

Distressingly, in March of this year, following California’s adoption of a similar “card check” law, NCAE learned from media that 148 farmworkers in California had expressed in written declarations that some were allegedly misinformed by UFW Foundation’s agents that signing a UFW union authorization card was a requirement to obtain their $600 payment.

NCAE immediately shared the farmworkers’ concerns with Secretary Vilsack, along with the many media reports documenting the situation, and encouraged USDA to investigate those alarming reports yet again.

It is unclear whether the training and oversight USDA had promised to conduct failed to occur, failed to instruct, or was simply ignored.

“USDA entrusted the UFW Foundation with almost $98 million of taxpayer funding to issue FFWR payments to farmworkers,” explained Marsh. “It is outrageous for one farmworker to experience the coercion or trickery that they have alleged. To have it occur repeatedly is unacceptable.”

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

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August 26, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) A federal court in Georgia today issued a preliminary injunction that halts the Department of Labor’s (Department) implementation of a disturbing regulation that would have forced farms to allow temporary foreign agricultural workers to unionize. The case was brought by Southeastern Legal Foundation on behalf of Georgia Fruit and Vegetable Association, Miles Berry Farm, and a coalition of seventeen states.

“For far too long,” stated Michael Marsh, President and CEO of the National Council of Agricultural Employers (NCAE), “the Department has implemented rules which unfairly target America’s farm and ranch families who are already battling to stay competitive at home and in the global market. NCAE celebrates this victory.”

In the injunction, the court explains that “[a]gencies may play the sorcerer’s apprentice but not the sorcerer himself. The Final Rule is an attempt by the [Department] to play the sorcerer. The [Department] may assist Congress but may not become Congress.”

“From the outset of this Rulemaking,” noted Marsh, “the Department knew this rule exceeded the authority granted to them under the U.S. Constitution. Rather than acknowledge the comments submitted by NCAE and many others which brought this overreach to their attention, the Department chose to promulgate this rule in hopes that an already embattled and struggling agricultural community would be too weary to fight.”

“What the Department does not understand is that America’s farmers and ranchers are tough and do not back down from a battle for what is right. This is a victory for them.”

The court’s order further states that “Administrative agencies, including the DOL, cannot create law, and the DOL cannot create rights that Congress has not. The DOL cannot make both executive rules and congressional laws.”

“We are grateful for the court’s reminder,” said Marsh, “and are hopeful that the Department might finally stay in their lane.”  

A nationwide injunction was not deemed appropriate by the court. It remains within Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia.

NCAE will continue to monitor the Department’s response to the court’s determination. Should further litigation be necessary, NCAE will advise the Executive Committee as to any and all next steps necessary to protect America’s farm and ranch families.

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

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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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May 22, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The National Council of Agricultural Employers (NCAE) is pleased to announce a special listening session to explore and enhance educational opportunities for migrant farmworkers and their families.   

“American agricultural employers know,” said Michael Marsh, NCAE President and CEO, “that their workers are unique individuals with aspirations, goals, and incredible ambitions. Moreover, employers want to support those workers so they can achieve their goals. We hope to bolster employer resources so that they may better facilitate their workers in achieving those dreams.”  

This listening session will be led by Jessica Castañeda, Coordinator of the Identification and Recruitment Consortium (IDRC). IDRC focuses on programming and efforts to support the educational success for migrant students and their families and is funded through the Department of Education. Educational opportunities available include basic math and English skills, financial literacy skills, assistance preparing for and obtaining a GED, and many other educational resources. Attendees are encouraged to ask questions, share their experience, and engage in discussion about what educational needs exist in the agricultural community for farmworkers.

“We encourage employers to take advantage of this opportunity to help us brainstorm ways to better connect resources with farmworkers,” stated Marsh.

The session will begin at 2:30 pm ET/11:30 am PT on Wednesday, June 5, 2024.  

Registration for this important listening session is available at ncaeonline.org.  

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

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May 17, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The National Council of Agricultural Employers (NCAE) is pleased to announce the next installment of its educational webinar series, “Detangling the Department of Labor’s ‘Farmworker Protection’ Rule,” which will focus on the takeaways employers need to know about the Department’s recently published rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.” 

“Frankly this rule,” said Michael Marsh, NCAE President and CEO, “was developed in bad faith and should be withdrawn immediately. Despite the injustice and the Department’s myopic perspective in publishing the rule, America’s farmers and ranchers cannot wait to start planning how to contend with this damaging regulation. This webinar will offer attendees valuable insights into how they can remain in compliance.”

This interactive webinar will be led by Chris Schulte, a Partner in the Litigation Practice and Labor & Employment Group of Smith, Gambrell & Russell, LLP.  Chris will review the key changes and updates related to the rule about which employers should be aware. Attendees at this webinar will learn critical information about how this new rule will impact their operations. Attendees will engage in an interactive Q & A about the rule and are encouraged to submit questions about the rule ahead of time.   

The webinar will begin at 3:00 pm ET/12:00 pm PT on Tuesday, May 21, 2024.  Participants will be eligible to receive one Professional Development Credit from the Society for Human Resource Management upon completion of the webinar.

Registration for this important webinar is available at ncaeonline.org.  Marsh noted, “Our webinars are extremely popular and typically fill up very quickly. Please register as soon as possible to ensure you secure your spot in this important discussion.”

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

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