WASHINGTON – U.S. Senators Jim Risch (R-Idaho) and Bill Cassidy, M.D. (R-LA), and 16 Republican senators slammed the Department of Labor’s (DOL) proposed rule that allows unions to coerce and pressure temporary foreign agriculture workers into unionization. The senators raised concerns this new policy will discourage farmers from participating in the H-2A program and hamper American food production, further increasing the cost of essential food items for American families at a time of high inflation. Since President Biden took office in January 2021, the cost of bread, baby formula, and frozen fruits and vegetables are up almost 25 percent.
“The proposed rule advances unionization on U.S. farms by making H-2A workers vulnerable to pressure. It opens these workers up to coerced unionization and deprives workers of an informed choice about whether to unionize,” wrote the senators. “The new DOL proposal circumvents Congress’ authority to legislate on the unionization of agricultural workers and adds unnecessary obstacles to a complicated visa process. DOL already dictates wage rates and regulates working conditions for H-2A workers. This proposed rule is unnecessary and will harm American consumers, American agriculture, and H-2A workers themselves.”
Risch and Cassidy is joined by U.S. Senators Cindy Hyde-Smith (R-Miss.), John Barrasso (R-Wyo.), Marsha Blackburn (R-Tenn.), Kevin Cramer (R-N.D.), Joni Ernst (R-Iowa), Bill Hagerty (R-Tenn.), John Hoeven (R-N.D.), Cynthia Lummis (R-Wyo.), Roger Marshall, M.D. (R-Kansas), Markwayne Mullin (R-Okla.), Rick Scott (R-Fla.), Tim Scott (R-S.C.), John Thune (R-S.D.), Thom Tillis (R-N.C.), Tommy Tuberville (R-Ala.), and Roger Wicker (R-Miss.).
The H-2A visa program allows DOL to grant visas to temporary foreign agricultural workers when there is a shortage of domestic workers. Temporary foreign agricultural workers are allowed to reside in the United States based on their working status. Congress did not authorize the unionization of farm workers to prevent labor strikes that would threaten harvests and disrupt food supply. DOL has existing regulations to ensure temporary foreign workers receive fair wages and have safe working conditions.
Recently, DOL proposed a new rule that gives unions unprecedented access to temporary foreign agricultural workers to pressure them into unionization. Specifically, the new rule would permit union officials to participate in employee disciplinary meetings and collect their private information for an organizing campaign. It would also force farmers to allow union organizers to stay in employer-sponsored housing for workers and prohibit farmers from discussing the organizing campaign with their workers.
Read the full letter here.
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