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Legal Battle Over Union Contracts Erupts in New York Farms

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Farm workers advocating for their rights in a field

News Summary

A significant legal dispute has arisen in New York as four farms, including Wafler Farms and A&J Kirby Farms, refuse to comply with union contracts awarded by state-appointed arbitrators. The contracts aim to improve workers’ rights and conditions following a 2019 law granting collective bargaining rights to farm workers. Legal experts caution that the refusal to comply does not absolve these farms from their obligations, and the United Farm Workers (UFW) is prepared to take further legal action to enforce compliance and protect workers’ rights.

New York – A legal battle has emerged as four farms in New York state refuse to honor union contracts awarded by state-appointed arbitrators. The farms involved are Wafler Farms, A&J Kirby Farms, Lynn-Ette & Sons Farms, and Porpiglia Farms. This rejection comes after contract negotiations stalled following the implementation of a state law in 2019, which granted collective bargaining rights to farm workers. The contracts establish crucial improvements for workers, yet these farms have opted not to comply, igniting further disputes over workers’ rights in the agricultural sector.

The contracts awarded to the farms represent the first significant farm worker union agreements resulting from the 2019 law, which was designed to bolster the rights of workers often excluded from traditional federal labor protections. These contracts include provisions for higher wages, healthcare benefits, a union pension plan, or contributions to a retirement plan aimed at improving overall worker conditions.

Among these farms, Wafler Farms has previously faced scrutiny for failing to pay its employees the minimum wages laid out in its contract. A&J Kirby Farms, which saw its contract take effect on June 1, has likewise neglected to fulfill its wage obligations. Allegations of additional violations surrounding workplace rights have also been raised by the United Farm Workers (UFW), an organization advocating for labor rights in the farming industry. In contrast, Lynn-Ette & Sons Farms’s contract became effective on July 1, but the workers claim they have received no communication regarding the adherence to it.

Legal discourse surrounding the refusals has become increasingly complex. Both Kirby and Porpiglia Farms have asserted through their attorneys that they do not believe the UFW commands majority support among their employees. Meanwhile, Porpiglia Farms has expressed a refusal to adhere to the contract on the grounds of objections from certain workers.

Following the law’s passage in 2019, which allocated the possibility of arbitration in contract disputes, significant strides have manifested in unionization efforts on 15 farms across New York. This legal framework aimed to prevent prolonged negotiations, particularly given that farm workers are not legally permitted to strike, complicating traditional bargaining tactics.

However, the legal landscape is fraught with challenges. The farms of Lynn-Ette, Kirby, Porpiglia, and the New York State Vegetable Growers Association have initiated lawsuits contesting various elements of the arbitration law, striving to clarify their legal standing and obligations. Kirby Farms notably refrained from participating in arbitration to maintain its right to contest the legality of the arbitration process itself.

Despite these challenges, legal experts emphasize that the refusal to comply with union contracts does not absolve these farms from their responsibilities. The UFW has indicated its readiness to pursue further legal steps to enforce compliance should these farms fail to voluntarily adhere to the agreements reached.

Meanwhile, the New York State Public Employment Relations Board, which oversees labor disputes within agricultural sectors, has yet to announce any decisions relating to enforcement actions against the farms that resist compliance.

The ongoing resistance from these farms raises red flags for labor leaders, who express concern over the potential erosion of established rights for workers to unionize. If the ongoing disputes persist, union leaders have suggested potential future efforts to codify rights to strikes specifically for agricultural workers, a move that could dramatically reshape the landscape of agricultural labor relations in the state.

Additionally, Porpiglia Farms has faced legal scrutiny concerning the rights of employees on guest worker visas to unionize, a critical aspect of their lawsuit against the state. The resistance exhibited by Wafler Farms, A&J Kirby Farms, Lynn-Ette & Sons Farms, and Porpiglia Farms indicates a broader challenge facing farm workers, who have historically battled for recognition and compliance regarding their labor rights.

Deeper Dive: News & Info About This Topic

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Author: HERE New York

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