Wed Sep 18 15:52:00 UTC 2024: ## North Carolina Farm Bureau Sues Labor Department Over H2A Unionization Rule
**Lumberton, NC** – The North Carolina Farm Bureau, along with two of its farmer members, has filed a lawsuit against the U.S. Department of Labor (DOL) in federal court, challenging a new rule that allows H2A workers to unionize. This suit comes on the heels of a similar lawsuit filed by a coalition of Georgia farmers, which resulted in an injunction against the DOL rule in August.
The controversial rule, named “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” was met with immediate pushback from the agricultural community. Critics argue that the rule unfairly grants foreign, temporary workers collective bargaining rights while denying the same rights to domestic agricultural workers.
The DOL based its authority to implement the rule on the Immigration Reform and Control Act (IRCA), but Judge Lisa Wood, in her decision granting the Georgia injunction, stated that the DOL overstepped its bounds. “The Court finds no evidence of federal Congressional intent to create a right to collective bargaining for agricultural workers,” she wrote.
The North Carolina lawsuit seeks an injunction similar to the one granted in Georgia, arguing that the DOL rule is unconstitutional and exceeds the agency’s authority.
While the Georgia injunction protects farmers in the seventeen states represented by the plaintiffs in that case, North Carolina is not covered. This has created a two-tier system, with farmers in some states enjoying protection from the DOL rule while others, like those in North Carolina, are still subject to it.
Ray Starling, general counsel for the NC Chamber, believes the North Carolina lawsuit presents a chance for a “win now, or lose now and win later” scenario. A successful injunction in North Carolina would align with the Georgia decision and provide similar protection to farmers in the state. However, a negative ruling could create a “circuit split” between federal courts, eventually leading to a potential Supreme Court review.
Starling highlights the importance of the Farm Bureau’s leadership in this matter and expressed gratitude for their commitment to protecting farmers. He also notes that a separate coalition of farmers, including the NC Growers Association, has filed a similar lawsuit against the DOL rule in Kentucky.
This ongoing legal battle is expected to have significant implications for the future of the H2A program and the rights of agricultural workers across the United States.
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