Upstate New York farms represent the struggle for labor rights.
Four farms in New York are refusing to honor union contracts awarded by arbitrators, prompting concerns over labor law compliance. Wafler Farms, A&J Kirby Farms, Lynn-Ette & Sons Farms, and Porpiglia Farms are accused of violating collective bargaining agreements established to protect farm workers’ rights. Despite a 2019 law supporting unionization, these farms have chosen not to comply, sparking advocacy efforts from the United Farm Workers. Legal challenges arise as these farms contest the legitimacy of the contracts and arbitration processes, highlighting ongoing struggles for labor rights in the agricultural sector.
New York – Four upstate New York farms are refusing to honor union contracts that were awarded by state-appointed arbitrators, raising concerns about compliance with labor laws aimed at protecting farm workers’ rights. The farms include Wafler Farms, A&J Kirby Farms, Lynn-Ette & Sons Farms, and Porpiglia Farms, all of which have been confronted with allegations of violating collective bargaining agreements established under a landmark 2019 law that granted farm workers the right to unionize and engage in collective bargaining.
The issue surfaced as Wafler Farms, initially reported for violating minimum wage standards in its union contract, continues to face scrutiny. A&J Kirby Farms and Lynn-Ette & Sons Farms, located in Orleans County, along with Porpiglia Farms in Ulster County, are newly cited farms that have chosen not to comply with their respective union contracts. Arbitrators awarded contracts at these farms because the owners did not participate in the arbitration process, which is intended to resolve disputes between farm workers and employers.
The contract for Kirby Farms took effect on June 1, but reports indicate that the farm has not adhered to agreed-upon terms. Similarly, a contract for Lynn-Ette, which became effective on July 1, has shown no indications of management compliance. Allegations of additional violations have been raised by the United Farm Workers (UFW), who are advocating for workers’ rights and proper enforcement of contracts.
Attorneys representing Kirby and Porpiglia Farms have contended that the UFW does not hold majority support among the workers, a claim that reflects ongoing disputes regarding union representation. The attorney for Porpiglia Farms stated that the farm will not recognize a union contract created by third-party organizers due to expressed objections from workers. This situation arises within the context of a broader historical exclusion of farm workers from federal union protections, which has complicated their quest for effective representation.
Since the implementation of the 2019 law, farm workers have successfully organized to form unions at 15 farms in New York. The law includes provisions for neutral arbitration to aid in disputes when negotiations stall. However, farm workers are unable to legally strike, which limits their ability to apply pressure on employers for better working conditions.
Lynn-Ette, Kirby, and Porpiglia Farms have filed lawsuits challenging various aspects of the 2019 law, including the arbitration process that led to the contracts in question. So far, courts have sided with the law amid these ongoing legal battles, underscoring the significance of protecting farm workers’ rights.
While violating contracts represents a breach of both state law and contractual obligations, Wafler Farms is also embroiled in its own legal issues regarding the legitimacy of its union. Seasonal workers have expressed hopes that union contracts would enhance their job security and working conditions, illustrating the importance of these contracts to laborers in the agricultural sector.
To address these violations and enforce compliance with the contracts, the UFW is considering bringing legal action against the non-compliant farms. Although the New York Public Employment Relations Board (PERB) possesses the authority to take farms to court for noncompliance, it has not yet taken steps to do so in this situation.
As the violations unfold, labor leaders highlight the necessity for farm workers to deepen their efforts in advocating for their rights, including pushing for legal recognition of the right to strike, should their arbitration awards remain unacknowledged by employers. New York’s farm protection laws were created to empower farm workers and adapt to significant changes in the labor law landscape, reflecting the ongoing struggle for labor rights in the industry.
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