New York's Farm Laborers Fair Labor Practices Act has provisions requiring farms to enter into collective bargaining agreements with workers, but a lawsuit is challenging the law, arguing that it violates federal labor laws.
The lawsuit was filed by a coalition of farm industry leaders in the U.S. District Court for New York's Western District. The plaintiffs are seeking a temporary restraining order to stop the Public Employment Relations Board from enforcing the law.
The law, which took effect in 2020, requires farms to negotiate with unions over wages, benefits, and working conditions. It also gives workers the right to strike.
The plaintiffs argue that the law is unconstitutional because it violates the federal H-2A program, which prohibits farmers from guaranteeing continued employment to foreign workers on temporary contracts.
The plaintiffs also argue that the law's collective bargaining rules are specific to the agricultural industry and violate the U.S. Constitution and other federal rules.
The Public Employees Relations Board has not yet commented on the lawsuit.
If the judge does not grant the temporary restraining order, it will create uncertainty for the farm industry.